Property disputes arise in many different ways – not only in commercial contexts but also in residential settings. Some of the types of property disputes include:
1 Land Ownership Disputes – disputes about who owns the land or property, adverse possession, competing title claims
2 Contractual Disputes in Transactions – disputes relating to the sale or purchase of land or the transferring of title. Breach of contract, disputed terms, failure to complete settlement, or misrepresentation.
3 Trusts and Equity Claims – disputes relating to express, resulting or constructive trusts.
4 Strata and Community Title Disputes – issues relating to lot owners, breaches of by-laws, contributions, maintenance and management.
5 Mortgages and Security Interest Disputes – disputes relating to the enforcement of mortgages, foreclosure, priority, equitable mortgages or disputes over the validity of security.
6 Compulsory Acquisition of Land – government acquisition of private land for public purposes.
7 Planning and Development Disputes – disputes over land use, zoning, development approvals, environment/heritage requirements.
8 Lease and Tenancy Disputes – issues between landlords and tenants. In the commercial context, these are generally referred to as issues between lessors and lessees.
9 Neighbourhood Disputes – claims regarding fences, encroachments, nuisance, noise, odours, interference with easements and rights of way
10 Caveats and Competing Interests – claims regarding caveatable interests, lodgement and removal of caveats.
11 Co-ownership Disputes – disputes between tenants in common or joint tenants regarding use, sale or division of property.
For legal advice about any of these matters, please contact us on 1800 180 500 or email reception@mcauleylawyers.com.au
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