When it comes to disputes surrounding property and land, the law surrounding these areas can be quite complex. If you find yourself in a dispute and you require a lawyer on the Sunshine Coast to assist you, contact Aitken Whyte Lawyers on 07 5408 0655 or email us. Below are some different types of property and land disputes you may find yourself requiring assistance with.
It is not uncommon to find yourself in a dispute with your neighbour over fences and trees either on your property or on your neighbour’s property. For example, you may have planted a tree on your property to provide you with privacy from your neighbour, but did you consider the affect planting the tree could have on the neighbour? Your neighbour may experience litter of leaves and branches from the tree falling onto their property, they may have unwanted shade in their yard or the roots may cause damage.
If you are having a dispute with your neighbour over a tree, get in touch with us for advice on your responsibilities as a tree owner and how to handle the dispute moving forward.
If you have engaged a builder to do works to your home or your commercial property, you could find yourself in a dispute with the builder for various reasons including:
We can offer you advice on your position and how to proceed with your claim or defend a claim against you.
You may be faced with a dispute between yourself and your neighbour in relation to a fence. This could be a dispute about a dividing fence, or it may be a dispute about a debt relating to a fence, for example if you had an agreement where you would build a dividing fence and your neighbour would compensate you for half of the expense and then they do not follow through with their side of the agreement.
Property boundary disputes are not uncommon but usually do not arise until one neighbour proposes to make a change, for example erect a fence or building, or transfer their property. Boundary disputes can be caused by incorrect measurements, title errors and accidentally getting boundary lines wrong. The first step is to engage a surveyor to do an identification survey. If obtaining this survey does not resolve your dispute, contact our office for advice on moving forward with a Claim.
If you have engaged a real estate agent to assist you with the sale of your property, if a dispute arises due to the actions of the agent, or in some cases, lack of action, you could be entitled to compensation for your loss.
Contact us for advice on any potential claim you may have against an agent.
In Australia, there is a requirement for the registration of land. The concept of the indefeasibility of title allows the title registration to determine the ownership or interest in real property. However, there are some exceptions to the indefeasibility of title rule in the Land Title Act 1994 (Qld), including the adverse possession exception. This is where a person may be entitled to the registered owner of the land because they are in adverse possession of the land.
There are various requirements for a claim of adverse possession including proving occupation and possession for a continuous period of 12 years. The registered owner can dispute your application and have a caveat registered over the land to protect their interests.
If you think you may have a claim for adverse possession we recommend contacting us for advice on your position.
Other common disputes about land involve caveats, leases, equitable interests in land, disputes with other owners and the like. Aitken Whyte Lawyers have significant experience in dealing with a large variety of disputes about land and property and can assist you if you are needing advice or find yourself in a dispute or litigation about such rights.
Proper experience in dealing with litigation and dispute resolution is essential, especially in relation to property and land. Aitken Whyte Lawyers are focused on results. Our commercial and civil litigation and dispute resolution team will advise you on the proper course to take to resolve your dispute.
Aitken Whyte Lawyers can assist you with all property and land disputes.
Aitken Whyte Lawyers
11/8 Pikki Street,
Maroochydore Qld 4558
Ph: +617 5408 0655
Fax: +617 3211 9311