Property Dispute Lawyers Sydney
Dispute Resolution & Litigation
Experts in resolving property disputes
Our Sydney-based property dispute lawyers understand how real estate makes a vital contribution to your livelihood and financial stability. We can help you protect your interest in property and resolve disputes that arise in the most efficient way possible.
Attwood Marshall Lawyers offer expert advice and representation for buyers, sellers, real estate agents, owners, tenants, landlords, and owners’ corporations to assist with resolving property disputes. Our property dispute lawyers in Sydney will do everything possible to resolve the matter at the earliest opportunity, reducing conflict, and avoiding costly litigation where possible.
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Sydney Property Dipsutes FAQs
People lodge caveats when there is a dispute over property matters. A caveat is a warning notice put on land that prevents certain actions, such as selling or mortgaging a property, from being taken until such time as the parties involved can resolve the dispute. A person is not automatically entitled to lodge a caveat and must prove that they have a caveatable interest, or legal or equitable interest, over a title of that land.
The word “caveat” means “beware”. A caveat will warn anyone dealing with the property that someone has an interest in that property.
When lodging a caveat, the caveator will need to provide their name, residential address, the name and address of the registered proprietor of the property, reference details for which the caveat relates, details of the legal or equitable interest in the property, a verified statutory declaration, and the signature of the caveator, or their agent/lawyer.
Anyone intending to lodge a caveat on someone’s property must understand the risks that can follow. A caveat cannot be lodged if there is no reasonable cause, and if someone is proven to have inappropriately lodged a caveat, they could be held liable for damages as well as legal costs to the property owner if the owner suffers damages.
NSW Land Registry Services will review the caveat application and either register the caveat or reject the caveat.
Once the caveat is registered, the proprietor will receive a notice of the caveat, which provides the proprietor with the opportunity to take the steps to have the caveat removed or seek independent legal advice about their situation.
Any objection to the caveat is a matter for resolution between all parties involved or will be determined through the Supreme Court.
The registered proprietor can apply to the Supreme Court for an order for withdrawal of a caveat if they believe it was lodged without reasonable cause.
A caveat cannot be removed unless it is withdrawn or if it is lapsed by the owner of the property.
In NSW, the most common way to remove a caveat is by issuing a Lapsing Notice. This is done by the owner of the property, and it is served on the person that lodged the caveat.
For a caveator to formally withdraw a caveat, they must complete and sign a Withdrawal of Caveat form and lodge this together with associated fees.
It is important to obtain advice around removing a caveat to ensure this is done in the most efficient and cost-effective manner.
Another caveat cannot be lodged over the title of the same property on the same or similar grounds without leave of the Court. If a caveat has lapsed or been removed, and you want to lodge another caveat or extend the caveat, it is vital to seek legal advice from a property dispute lawyer to determine the best way forward.
It is not unusual for this scenario to play out, particularly between family members, de facto partners and friends. It may be that you have contributed money towards the purchase or improvement of a property under the belief that you owned, or would come to own, part of the property. If you believe you should be named on the title of a property you have an interest in, and are not listed as a registered legal owner, you may have grounds to lodge a caveat to safeguard your interest in the property. You should seek advice from an experienced property dispute lawyer at the earliest opportunity. Our Sydney team can assist you in acquiring your legal interest in a property or to access some compensation with respect to your interest.
If you have been promised a property as repayment for a debt, or for caring for your elderly parents, for example, but that promise did not transpire and the property in question is being sold and/or you are being forcibly removed, it is important to get advice as soon as possible to determine what your rights are.
The law does hold people responsible for promises made over property if someone has contributed to the property or acted to their own detriment. Contact our property dispute lawyers Sydney team to find out where you stand.