Property and Ownership Disputes
Disputes about ownership, co-ownership, boundaries, easements, caveats and interests in land or other property.
A Dispute Has Arisen Over Property or Ownership
Property disputes often involve substantial value and long standing relationships, whether between co-owners, family members, business partners or neighbours. The legal position usually turns on the title, the documents in place, and the history of how the property was acquired, used and paid for.
Common Property Disputes
These disputes commonly arise between separating couples, co-owners who no longer agree, family members after a falling out, or neighbours over boundaries and easements. Each type raises different legal questions and remedies.
Legal and Beneficial Ownership
Who is on the title is not always who owns the property in a legal sense. Beneficial ownership can differ from legal ownership where contributions, agreements or trust arrangements point to a different result.
Claims, Protection and Resolution
Contributions, Agreements and Trust Claims
Financial and non-financial contributions to a property, along with any agreements made at the time, can support a claim to a beneficial interest even where a person is not named on the title. These claims depend heavily on evidence.
Co-Ownership, Sale and Boundary Disputes
Where co-owners cannot agree on the future of a property, an application can be made for the appointment of trustees for sale. Boundary and easement disagreements between neighbours are approached in a similar evidence based way, looking at title, survey and historical use.
Caveats and Urgent Protective Steps
A caveat protects a genuine legal or equitable interest in land and can prevent dealings with the title while a dispute is resolved. Lodging or challenging a caveat often needs to happen quickly, particularly once a lapsing notice is served.
Negotiation, Mediation and Court Orders
Many property disputes, particularly between family members or former partners, are better resolved through negotiation or mediation than a public court process. Where agreement cannot be reached, proceedings in the Supreme Court or NCAT may be necessary, with orders ranging from a declaration of ownership shares to sale and distribution of proceeds.
How Shah & Co Lawyers can assist
Property disputes often mix legal ownership questions with family or business relationships, and we approach both together.
Ownership Advice
Assessment of legal and beneficial ownership based on contributions and agreements.
Trustee for Sale Applications
Applications to resolve deadlock between co-owners.
Caveats
Lodging, defending and removing caveats over title.
Family and Partner Disputes
Advice on property disputes between separating partners and relatives.
Boundary and Easement Disputes
Advice on encroachments, easements and access issues.
Negotiated Resolutions
Settlement arrangements that avoid the cost and delay of a hearing.
Evidence that supports a property claim
- Bank statements and receipts showing financial contributions.
- Correspondence recording any agreement about ownership shares.
- Records of mortgage repayments, rates and renovations.
- Title searches and any registered dealings or caveats.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other civil law services
Contractual Disputes
Advice and representation where a contract has been breached, terminated, disputed or performed differently to what was agreed.
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Recovery of unpaid invoices, loans and money owed, from letters of demand through to judgment and enforcement.
Learn moreConsumer Disputes
Disputes about defective goods, poor workmanship, misleading conduct and services that were not delivered as promised.
Learn moreNegligence and Compensation Claims
Claims where loss has been caused by another party's carelessness, including professional negligence and property damage.
Learn moreInjunctions and Urgent Court Applications
Urgent applications to preserve property, restrain conduct or protect a position until the dispute can be determined.
Learn moreTribunal and Court Proceedings
Representation in civil proceedings before New South Wales courts and tribunals, depending on the nature and value of the dispute.
Learn moreDiscuss your property or ownership dispute.
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