Property Transactions

When you are dealing with your property in any way, the detailed knowledge and experience of our team of Property Lawyers and Property Consultants can provide you with expert strategic advice.

Our Services Include

We regularly assist clients, consultants and referrers with negotiating, drafting and registering the following 88B instruments:

  • Right of carriageways
  • Easement to Permit Encroaching Structures to Remain
  • Easements for Drainage
  • Easement for Services
  • Easement for Repairs
  • Easement for Batter
  • Easement for Removal of Support
  • Right of Access
  • Restrictive Covenants
  • Profits a prendre
  • Restrictions on the Use of Land

Property Dealings

Negotiations between adjoining property owners for the granting of easements sometimes fail. Our Property Lawyers have the knowledge and experience to make an application to the Court to impose the easement over someone else’s land. The Court may make an order imposing an easement over land if the easement is reasonably necessary for the effective use or development of other land that will have the benefit of the easement.

We can assist with matters in both the Supreme Court of NSW and Land & Environment Court of NSW if required.

Given our experience in these matters, we can provide competitive fixed fees for each stage of the process so that there are no hidden surprises.

Joint Venture Agreements

Whether you are entering into a property venture with family, friends or investors, it is important that your agreement is formally reduced to a written agreement.

We work closely with you to understand the objectives of your venture and what roles and obligations have been agreed between the parties which are captured in a plain English agreement.

While everyone enters these agreements in good faith, careful consideration is given to what the parties agree will occur if certain critical events happen including but not limited to:

  1. death or a party becoming permanently disabled;
  2. a party getting divorced or separating;
  3. bankruptcy or insolvency of a party; or
  4. breach of the agreement; or
  5. any other dispute between the parties incapable of being resolved.

As a multi-disciplinary legal practice, we are uniquely placed to assist you with your development from start to finish. Our team of Property Lawyers and Property Consultants can assist you with everything from structuring using trusts, companies or partnerships, investor and loan agreements, conveyancing, town planning services and building and construction. 

Whether it be a one-off agreement or want our support throughout the process, we can give you guidance and support to give you the best prospects of your property venture being a success.

Given our experience in these matters, we can provide competitive fixed fees for each stage of the process so that there are no hidden surprises. 

Partitions

Sometimes it’s necessary to divide up land that is owned by more than one person. This is called partition. This often happens when ownership of the property is shared between two or more people.

Partition involves dividing up the property into several blocks of land so that each owner has their own separate title. Sometimes partition isn’t possible, and the land needs to be sold and the sale proceeds divided up between the owners.

This entire process can be confusing, but our lawyers have experience assisting clients to navigate the complexity, understand their rights and find a solution that suits everyone involved.

Caveats

A caveat is a statutory injunction that prevents the registration of dealings and plans on a title, provided for under the Real Property Act 1900

A caveat operates as a warning on a land title to others by noting a person or organisation’s interest in land or property. Only those with an eligible interest in the land can record a caveat on title. If you lodge a caveat without ‘reasonable cause’, you may be liable to pay compensation to any person who suffers a pecuniary loss as a result. 

We can assist with both the registration and lapsing of caveats including seeking urgent injunctive relief if the registered owner of land is seeking to lapse your caveat and deal with the property against your interests.

Leasing

While there are many standard form lease agreements available, we can help clients tailor leasing agreements to take into account conditions that are specific to the property. 

Our property lawyers have assisted clients with:

  • General commercial leases
  • Retail leases
  • Industrial leases
  • Mixed-use leases
  • Crown leases
  • Assignment of leases

We help both landlords and tenants negotiate agreements and advise them on their obligations when it comes to any loss, damage or structural issues to the property. 

Our lawyers also assist clients who want to include lease incentives, options to renew or any other special provisions in the lease.

Our clients have the added benefit of dealing with a wider team of property professionals and dispute resolution specialists to manage and respond to any situation that may arise. 

We provide competitive fixed up-front fees so that there are no hidden surprises.

Publications

Whether you are looking for advice or need assistance don’t hesitate to contact us on (02) 4288 0150 or send an email