“Thieves respect property. They merely wish the property to become their property that they may more perfectly respect it.”
G.K Chesterton, English writer, poet and philosopher
Many commercial disputes involve land or occupation rights. Some examples of the situations where you should take advantage of our expertise include:
- Commercial lease disputes where we have acted for both land lords and tenant businesses. For example, a tenant may apply for relief against forfeiture which is where a court will step in to prevent a land lord exercising rights under the lease, despite some default of the tenant
- Disputes involving the sale or purchase of land. For example, the purchaser of a shopping centre incurs substantial unexpected expense because a conveyancing solicitor neglected to properly advise them about additional council charges related to the relaxation of usual requirements when the shopping centre was built
- Removal of caveats preventing you selling property. Or perhaps you need to urgently prevent the sale of property through the use of a caveat or obtaining an injunction from the court.
- An easement dispute involving an alleged right of way over your land, such as a situation where an alleged right of frequent access by large vehicles has caused damage to buildings and other structures on your land
- Construction work on a neighbouring site has caused substantial damage to the building you own or lease
- You signed a contract to buy a business premises, were served with a notice to complete and the property has now been sold to another party causing you substantial financial loss
- Disputes as to the ownership of land or the state of the title, for example a verbal agreement between property developers to develop and sell land for mutual benefit despite the relevant properties being purchased in one party’s name only
- A dispute involving a financier or mortgage
If you are involved in a dispute involving property, or you are uncertain as to where you stand concerning property rights, contact us and benefit from our experience in resolving property disputes, including through court processes if required. Often, the conveyancer or solicitor who handled conveyancing or leasing may well be the cause of the problem so you need fresh, independent advice.
Co-owners seeking to sell
If you are the co-owner of real estate in NSW, you’d like to sell and the other owner(s) won’t agree with you there are several options available. Ultimately a statutory trustee for the power of sale can be appointed pursuant to s66G of the Conveyancing Act 1919 (NSW) but that is a costly option and may not be the best in your situation. See our commercial litigation solicitors to ensure that all options are explored to achieve the best outcome.
Taxation and stamp duty considerations
The manner in which you structure the settlement of a dispute involving real property can have very significant implications for your taxation obligations, possibly many years down the track. Don’t let unexpected and expensive CGT outcomes or an inability to take advantage of significantly savings on tax catch you by surprise. Out expert taxation lawyers work with our commercial litigation team to fully inform you and design the best solutions possible when it comes to property related taxation and duty considerations.