Beyond the ordinary

Our property lawyers are professionals who specialises in the laws relating to property and real estate.  We provide legal advice and assistance to clients on a wide range of property  related matters, ensuring that our client's interests are protected and that transactions comply with the relevant laws and regulations.

Understanding Australian property law is crucial for anyone involved in buying, selling, leasing, or developing property in Australia. Given its complexity, it is often advisable to seek legal advice from a DOC Lawyers property law expert.

Property Transactions (Buying and Selling):

• Drafting and reviewing contracts of sale: This is a crucial step to ensure the terms and conditions are legally sound and protect the client's interests. We will explain the contract in plain language and advise on any potential risks or issues.
• Conducting due diligence: This involves thoroughly investigating the property to identify any potential legal problems, such as encumbrances (e.g., mortgages, easements), caveats, zoning restrictions, or outstanding rates. This often includes conducting title searches.
• Facilitating the settlement process: This involves coordinating with banks, real estate agents, and other parties to ensure the smooth transfer of ownership and funds. We prepare the necessary legal documents for settlement.
• Advising on stamp duty and other taxes: They can explain the relevant tax implications of a property transaction.

Leasing:

• Drafting and reviewing lease agreements: For both residential and commercial properties, ensuring the terms are fair, legally compliant, and protect our client's rights (whether landlord or tenant).
• Advising on lease disputes: This can include issues related to rent, breaches of the lease, or termination.

Property Development:

• Advising on planning and zoning laws: Helping developers understand and comply with local council regulations.
• Drafting and reviewing development agreements: These are complex contracts outlining the terms of a development project.
• Assisting with land acquisitions and subdivisions: Ensuring the legal aspects of these processes are correctly handled.
• Body corporate and strata title matters: Advising on the legal framework governing multi-unit properties.

Property Disputes:

• Representing clients in property-related litigation: This can include boundary disputes, easement disagreements, landlord-tenant disputes, and contractual breaches.
• Negotiating settlements: Attempting to resolve disputes outside of court through negotiation or mediation.

Mortgages and Financing:

• Reviewing mortgage documents: Ensuring clients understand the terms and conditions of their loans.
• Assisting with refinancing: Handling the legal aspects of changing mortgage providers.

Other Property-Related Matters:

• Easements and covenants: Advising on the creation, interpretation, and enforcement of these rights and restrictions affecting land.
• Property ownership issues: Assisting with matters related to joint ownership, trusts, and deceased estates.
• Adverse possession claims: Cases where someone tries to claim ownership of land through long-term occupation. Adverse possession is a complex area of law with specific requirements that must be strictly met. Anyone considering making such a claim or facing one should seek legal advice from our property lawyers at DOC Lawyers Pty Ltd.

Key Aspects of Property Law that DOC Lawyers service:

• Ownership and Title: This area governs how property is acquired, transferred, and disposed of, as well as the legal status of ownership. The Torrens system is the most commonly used land registration system in Australia. It operates on the principle of "title by registration," where ownership is confirmed upon registering the property title. This system provides certainty and security in land transactions.
• Types of Ownership: There are several ways to own property in Australia:
  • Sole Ownership: One person holds the entire interest in the property.
  • Tenancy in Common: Two or more people own distinct shares of the property, which may or may not be equal. Each owner can deal with their share independently, and there is no automatic right of survivorship.
  • Joint Tenancy: Two or more people have equal ownership of the property with a right of survivorship. If one joint tenant dies, their interest automatically passes to the surviving joint tenant(s).
  • Trust Ownership: A trustee holds the property for the benefit of others (beneficiaries).
  • Company Title: Ownership is held through shares in a company that owns the property.
  • Strata Title: Used for multi-unit developments like apartments, where owners individually own their unit and share ownership of common areas.
  • Community Title: Similar to strata title but can apply to larger master-planned communities with shared facilities.
  • Leasehold Title: The right to use land for a specified period, as the land is owned by another entity (often the Crown).
• Land Registration (Torrens System): Most land in Australia is under the Torrens title system. Each state and territory maintains a register of land titles, providing a conclusive record of ownership and other interests (like mortgages and easements). Key principles of the Torrens system include:
  • Mirror Principle: The register accurately reflects all current facts about the title.
  • Curtain Principle: You don't need to look beyond the Certificate of Title as it contains all necessary ownership information.
  • Indemnity Principle: Compensation is provided for losses due to errors in the register or fraud.
• Leases and Tenancies: These laws govern the rights and obligations of landlords and tenants when real property is leased.
• Easements and Covenants:
  • Easements: Rights to use another person's land for a specific purpose (e.g., a right of way).
  • Covenants: Promises made in relation to land use (e.g., a restriction on building height).
• Mortgages and Security Interests: These laws regulate the creation, enforcement, and discharge of mortgages and other security interests over property.
• Planning and Zoning: These rules control the use and development of land, including planning approvals and restrictions.
• Native Title: This recognizes the traditional rights and interests of Aboriginal and Torres Strait Islander peoples in land and waters according to their customs and laws.
• Conveyancing: This is the legal process of transferring property ownership from one party to another, involving contracts, title searches, and settlement.
• Property Disputes: Laws relating to resolving disagreements over property boundaries, ownership, and other issues.
• Consumer Protection: Laws ensuring fair practices in property transactions.

In essence, our property lawyers act as a legal guide and advocate for clients in all aspects of property law, aiming to protect their interests, minimise risks, and ensure compliance with the law. DOC Lawyers have a strong understanding of property legislation, case law, and conveyancing procedures. We also have excellent communication, negotiation, and problem-solving skills