Dispute Resolution in Property

Property disputes can quickly become stressful, time‑consuming and costly. Our property lawyers work to resolve disputes efficiently, protect your rights and minimise disruption to your transaction or ownership. We provide clear advice on your options, including negotiation, mediation and, where necessary, court proceedings.

• Adverse possession - Adverse possession claims can change who is recognised as the legal owner of land. We assist clients to establish or challenge claims to ownership where land has been occupied without formal title for a significant period. Our team reviews the history of use and occupation, advises on prospects and evidentiary requirements, and represents you in dealings with the titles office and the courts.​

• Contract breaches and misrepresentation - Disputes often arise from alleged breaches of property contracts or misleading statements made before a contract was signed. We analyse the contract and surrounding circumstances, advise you on your legal position and potential remedies, and negotiate with the other party to seek a practical resolution. Where needed, we can commence or defend court proceedings to pursue or resist claims for damages, specific performance or other relief.​

• Caveats and protecting property rights - Caveats are a key tool for protecting interests in land but must be used carefully. We advise on whether you have a caveatable interest, prepare and lodge caveats, and act in applications to remove or amend them. If a caveat has been lodged against your title, we explain your options and help you respond promptly to minimise delays to sales, refinancing or other dealings.​

• Land tax disputes - Land tax assessments and surcharges can significantly affect the cost of holding property. We review assessments, advise on applicable exemptions or concessions, and correspond with the State Revenue Office on your behalf. Where appropriate, we can assist with objections, reviews and appeals to seek a fair outcome.​

• How we approach property disputes - Our focus is on achieving commercially sensible outcomes as quickly and cost‑effectively as possible. We explore negotiation and alternative dispute resolution before turning to litigation, while still preparing thoroughly in case court action becomes necessary. If you are involved in a property dispute or concerned that one may arise, contact HOCW’s property and conveyancing team to discuss your situation.