Property Litigation

Buying real estate is for most people one of the most expensive transaction they will ever enter into and when there are problems, because the sale does not proceed or something else, you'll be interested to recover such damages as you may be entitled to.

Many property disputes end up being resolved before they end up at court, however, when alternative dispute resolution fails it is often necessary to go to trial. A great deal of such property litigation is as such conducted in the Supreme Court of New South Wales.

In essence, and at a basic level, a property dispute is a disagreement between those who have competing interests regarding property.

Potential Scenarios - Property Disputes

Property Disputes About:-

  • withdrawal, removal or extension of a caveat;
  • whether there has been a default, under a lease or mortgage, so that a possession order should follow;
  • the construction of commercial lease documents, whether or not there has been a breach permitting termination and questions about damages;
  • whether the vendor / purchaser can rescind a contract for the sale of land when a plan to subdivide has not been registered by the due date (sunset clause) or whether leave is needed under s 66 ZL of the Conveyancing Act.
  • the circumstances surrounding the termination of a contract for the sale of land and the damages/losses that a purchaser or vendor may be entitled to claim including the recovery of a deposit under s 55(2A) of the Conveyancing Act.
  • breaches of essential terms, and non-essential terms in contracts for the sale of land and the measure of damages.
  • whether a mortgage can be set aside, questions about the power of sale etc.

Our Property Dispute Lawyers Help You

  • Understand your legal rights with respect to your property dispute;
  • consider some of the cost-effective ways in which you may try to resolve your dispute;
  • prepare your court documents;
  • gather the evidence in support of your arguments;
  • brief Counsel to appear at the hearing of your case;
  • deal with matters flowing from the hearing (if appropriate).