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PROPERTY LAW

Our Property Lawyers can assist you in any matter relating to property from conveyancing to property disputes, including those with owners corporations for both commercial and residential property matters. Our Property Lawyers are an experienced team that understand the complexities of property transactions, and work closely with our clients to keep them advised of all aspects of their transaction through to settlement.

I have a residential tenancy dispute, can you help?

Someone has lodged a caveat against my property, what are my options?

I am purchasing/selling a property and need help with conveyancing. Can you help?

Before I purchase a property, I would like the contract of sale to be reviewed. Can you help?

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Property Law

Whether you are buying or selling a property, or developing a large-scale project, it may be an overwhelming experience.

 

Our Property Lawyers have extensive experience in all areas of Property Law and can assist you with the legalities associated with your project.

 

We can assist you in any legal matter relating to property law, from conveyancing to complex property disputes resulting in litigation. Our Property Lawyers can handle legal complexities that are beyond the capabilities of standard conveyancers who may not be lawyers.

 

As we are committed to quality, we work closely with our clients to ensure they are informed at every step of the process. We can provide pre-contractual advice to ensure that our clients are aware of their] rights and responsibilities before signing any contracts. We work with our clients and keep them advised of all aspects of their transaction through to settlement. We also understand the commercial aspects of property transactions and can help you negotiate the best terms and conditions for you.

We can assist in the following areas of property law:

  • Buying and Selling;
  • Purchasing ‘off the plan’, vacant lots, strata title, rural property and units at retirement villages;
  • Assistance with refinancing to a new mortgage lender;
  • Building Contracts and Project Management Agreements;
  • Caveats and Disputes;
  • Conveyancing;
  • Commercial, Retail and Industrial Leasing;
  • Compulsory Acquisition of Land;
  • Lease Disputes;
  • Obtaining Building Permits;
  • Preparation of a Contract of Sale;
  • Representation in Dispute Resolution and in Court Litigation;
  • Review of Contracts of Sale & Section 32;
  • Shopping Centre Developments;
  • Solicitor’s Certificates for borrowers or surety providers;
  • Spouse transfers; and
  • Subdivisions and Property Developments.

 

Property disputes come in many forms. Whether it is a disagreement between land owners and government agencies, landlords and tenants, or unit holders and an owner’s corporation, Executive Lawyers can provide trusted legal assistance to pursue your desired outcomes.

 

Our Property Lawyers have extensive experience in handling a variety of complex property litigation cases and have represented clients in the Victorian Civil and Administrative Tribunal (VCAT), Magistrates’ Court, County Court and the Supreme Court Magistrates Court Jurisdictions.

 

If you require the assistance of a Property Lawyer in Victoria, contact our team of experienced Property Lawyers today on (03) 8376 6209 for a free initial consultation.

Frequently Asked Questions

What is conveyancing?

Conveyancing is the process of attending to all legal requirements for transferring ownership of a property from a seller to a buyer. It includes the preparation of documentation, liaising with banks and Government agencies, exchange of title documentation and settlement funds, and notifying the relevant authorities of the transfer.

Do I need a conveyancer to buy or sell a house?

We advise our clients to always engage a conveyancer, preferably a lawyer, to attend to the legal requirements of a conveyancing transaction, in addition to administrative and practical tasks which must be considered and completed in a sale or purchase transaction.

What happens if the purchaser is unable to pay on the day of settlement?

If the purchaser is unable to pay on the day of settlement, they will be at risk of breaching their obligations and being in default of the sale agreement. Consequently, they may forfeit their deposit.

I've just bought a property, what happens to the deposit I pay for this property?

The deposit paid by the purchaser is either held by the estate agent or solicitor in a trust account until settlement, or until the purchaser releases the deposit pursuant to Section 27 of the Sale of Land Act 1962.

What is an easement?

An easement is a proprietary interest in someone else’s land. It is a right held by a person to use land owned by another person, most commonly rights of way, or for services, such as water, electricity, and sewerage.

What is a covenant on a property?

A covenant is an agreement between property owners restricting how a property may be used. A covenant may prohibit the construction of more than one dwelling, the further subdivision of the land, or the use of certain building materials, and is enforceable against the property owner by the person who takes the benefit of the obligations outlined in the caveat.

What is a caveat on a property?

A caveat is a document that can be lodged by a person at the Titles Office (Land Victoria). Once the caveat is registered, a notice appears on the title, thereby providing a written warning that the person claims an interest over the property, such as a purchaser or creditor.

Is there a cooling-off period after an auction?

There is no cooling-off period in a sale by auction.

In contrast, there is typically a cooling-off period in private sale transactions.

What is a property subdivision?

In a property subdivision, the property having one single title is split into multiple titles, which will allow you to sell parts of your property.

Book your 100% free no obligation consultation call with one of our Lawyers today.

We will:

  • Review your matter
  • Answer any questions
  • Discuss your rights and options
  • Provide steps to resolve your matter