PROPERTY LAW

Property law can be complex, requiring careful consideration of multiple factors

It includes rules that control property rights, ownership, use, and transactions. It sets the guidelines for managing properties and dealing with the legalities of owning, using, transferring, and protecting property.

Our property solicitors oversee all types of property related transactions to ensure the rights and interests of our clients are protected and that each transaction complies with the relevant legal regulations.

Pogson Cronin Kerr

can assist you with:

    • An easement is a non-possessory property interest that grants the easement holder permission to use another person’s land for a specific purpose - eg. drainage, sewerage, carriageway.

    • We work with your surveyor and Land Registry Services to prepare, lodge and register the Plan and Section 88B Instrument which registers the Easement on the property Title.

    • Restrictions on Use are conditions imposed on the owner of the land to restrict the way the land can be used, limit an aspect of future development on that land or specify that the owner must conduct a certain activity.

    • We work with your surveyor and Land Registry Services to prepare, lodge and register the Plan and Section 88B Instrument which registers the Restrictions on the property Title.

    • A Lease defines tenant and landlord rights. A well-written Lease is crucial for protecting interests, managing risks, and fostering a successful business relationship.

    • Careful attention to detail and legal knowledge are essential for both landlords and tenants due to the complexities of Leases.

    We can assist with:

    • Negotiating the terms of the Lease with your landlord/tenant

    • Drafting and preparing the formal Lease containing the agreed terms

    • Review and provide advice on a Lease prepared by your landlord ensuring you understand your obligations

    • Arranging for required documentation to be signed by all parties

    • Attending to registration of the Lease with Land Registry Services

    We can also assist you with:

    • Transferring a Lease to a new tenant

    • Registering variations of an existing Lease

    • Surrendering a tenancy

    • Lease disputes

    • Whether you want to divide your property into two lots, or are engaging in a large scale subdivision and land development - we can assist you.

    • We work with you, your surveyor, local Council and Land Registry Services to prepare, lodge and register your subdivision.

    • Caveats are used to protect interests in land.

    • Effectively functioning as a legal "freeze" on the property specified, Caveats serve to obstruct any attempts by others to register transactions that could potentially undermine the rights of the individual who placed the Caveat.

    • In essence, Caveats operate as a formal notification to all parties regarding an existing interest in a particular piece of land.

    • Caveatable interests may arise from various circumstances such as being the holder of an easement, mortgage, or other financial obligation connected to the property, or an individual with a life estate.

    • We can usually prepare and register a Caveat over a property quickly and easily, protecting your interests at the earliest opportunity.

    • Adverse possession is a legal process through which a person, who is not the rightful owner, gains title and ownership of a property after a certain period of time and by meeting several criteria.

    • Requirements may include continuous use, a takeover of the land, and exclusive use.

    • We can advise and assist with preparation and lodgment of a claim for adverse possession with the appropriate Court

Our Property Law Solicitors

Contact our property team to discuss how we can assist you in achieving your property goals.