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Property Disputes:

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Property disputes can occur in the civil litigation and commercial litigation practice areas. They can also be broken down into real and personal property disputes, as well as further broken down into disputes over the use and ownership of property. For these reasons alone, the person involved in a property dispute will need to obtain legal advice from a property solicitor who has experience across a wide array of property cases. A property lawyer who has experience in civil litigation and commercial litigation will be able to analyse the fact of the case and identify:

(a)   Causes of action for plaintiffs which may not be readily apparent at first glance; or

(b)   Defences for the defendant who may not be familiar with the alternatives and options available, as well as any cross claims.

The integrated team of litigators at Navado benefit from access to a comprehensive and highly developed library of legal resources for dealing with property claims. Whether it is in relation to prosecuting a property dispute or defending a property dispute, the broad skill set and professional expertise of the Navado property team is one of the greatest assets that a litigant can have in protecting their legal interests.

The types of claims that are most common in property law litigation include some of the following areas of legal practice:

  • Disputes relating to Conveyancing;
    • Interpretation of terms, conditions, warranties and indemnities,
    • Negotiating the terms, conditions, warranties and indemnities of the Sales Contract,
    • Settling Special Conditions,
    • Non-disclosure of material issues,
    • Negotiating the payment of deposits,
    • Disputes regarding exchange,
    • Disputes relating to cooling off periods,
    • Settlement problems,
    • Registration issues,
    • Defective payment,
    • Defective property.
  • Disputes relating to the Personal Property Register;
  • Property being used as security for a loan;
  • Caveats – their imposition and withdrawal;
  • Mortgages:
    • Mortgage documents,
    • Advice given prior to entry into a mortgage,
    • Professional negligence of brokers and financial advisors and solicitors involved in mortgage disputes,
    • Consent issues.
  • Disputes relating to Wills, Codicils and Probate.
  • The creation of Trusts:
    • Disputes relating to Constructive Trusts,
    • Disputes relating to Resulting Trusts,
    • Disputes relating to Express or Implied Trusts.

A property litigation law firm will have the resources available to offer legal advice on these and many other areas of property law litigation. Some cases may seem simple and straightforward but on closer inspection may contain within them the seeds of complex legal problems that may need to be settled before the final outcome of the case can be determined. The Navado property litigation team is a “junction” practice area in our firm because it is comprised by solicitors from various civil and commercial practice.

If you require assistance with a property dispute matter, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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