Property and Owners Corporation disputes can involve significant financial interests, important property rights and relationships that may become increasingly difficult to manage once disputes escalate and positions get entrenched.
Hassall’s Litigation Services advises lot owners, owners corporations, businesses and other parties involved in property disputes across Melbourne and Victoria.
Our experienced property dispute lawyers assist clients with matters involving contracts of sale, boundaries, adverse possession, easements, restrictive covenants, owners corporation issues, commercial and retail leasing, planning disputes, mortgages and related litigation.
We focus on helping you understand your legal position, your rights, your options, the evidence and documents that matter, and the most appropriate pathway towards resolution. Where possible, we seek to resolve disputes through negotiation or mediation. Where VCAT (Victorian Civil and Administrative Tribunal) or court proceedings are required, we can advise and represent you throughout the process.
If a property or owners corporation issue is developing into a dispute, obtaining advice early can help you understand your options before the matter escalates.
Property and Owners Corporation Disputes We Assist With
Property disputes can arise for many different reasons. The first step is to always identify the legal and factual issues involved, the documents governing the property or relationship, and the outcome you are seeking.
Hassall’s assists with residential and commercial property matters, including the following.
Contract and Sale of Land Disputes
A disagreement concerning the sale or purchase of property can involve substantial financial consequences.
Hassall’s advises clients on issues arising from contracts of sale, including:
– contract interpretation and enforcement
– breaches of contract conditions
– deposit disputes
– vendor statement and disclosure issues
– alleged failure to disclose material facts
– misrepresentation and other contractual disputes
– rights and obligations arising under the Sale of Land Act 1962 (Vic)
We can review the contract, Section 32 statement, correspondence and other relevant documents and advise on the options available.
Boundary, Fencing and Property Rights Disputes
Disputes over boundaries and the use of land can become particularly difficult where neighbouring owners have different understandings of their legal rights and are all too common across Victoria.
Hassall’s assists with matters involving:
– property boundaries and encroachments
– fencing disputes and obligations
– adverse possession
– easements
– restrictive covenants
– rights of way
– access and drainage issues
– co-ownership disputes
Understanding the title, Plan of Subdivision, and history of the property can be important when determining the legal position and the options available.
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Owners Corporation Disputes
Owners Corporation disputes can involve competing rights and responsibilities between lot owners, committees, managers and the owners corporation itself, which can quickly escalate into a messy and sometimes complex dispute that needs legal resolution.
Our owners corporation lawyers advise on matters including:
– common property repairs and maintenance
– disputes between lot owners
– owners corporation financial disputes
– governance and committee concerns
– change of owners corporation managers
– interpretation and enforcement of owners corporation rules
– alterations and additions to lots
– responsibility for property or maintenance issues
– disputes involving the management or use of common property
These matters may involve a combination of property documentation, owners corporation records, correspondence, meeting minutes and other evidence.
When Should You Speak to an Owners Corporation Lawyer?
It may be useful to obtain legal advice when an owners corporation disagreement is no longer being resolved through ordinary communication or internal processes, when the parties disagree about their legal rights or obligations, or where the dispute is creating financial or practical consequences for owners or the owners corporation.
Early advice can help clarify which documents and rules are relevant, what options are available and whether the matter may be capable of resolution before formal proceedings become necessary.
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Experience with Owners Corporation Disputes
In our experience, owners corporation disputes can become more difficult when the parties begin taking positions before the relevant Plan of Subdivision, Owners Corporation rules, meeting records and correspondence have been properly reviewed, and there is a misunderstanding about the parties’ rights and responsibilities. For example, failure to properly read the Plan of Subdivision and obtain legal advice on any issues regarding the location of boundaries and definition of common property can often lead to disputes about whether a lot owner or the owners corporation is responsible for repairs and maintenance issues such as balconies, ceilings and walls.
Commercial and Retail Lease Disputes
Lease disputes can affect business operations, rental income and important commercial relationships.
Hassall’s acts for landlords and tenants in commercial and retail leasing disputes involving matters such as:
– interpretation of lease terms
– rent reviews
– alleged lease breaches
– maintenance and repair obligations
– defaults
– enforcement of lease provisions
– disputes concerning the parties’ respective rights and obligations
We can review the lease and supporting correspondence, advise on the legal and commercial issues involved, and assist with negotiation, mediation or proceedings where required.
Where a leasing dispute has developed into legal proceedings, see our Litigation & Dispute Resolution services.
Planning and VCAT Matters
Planning disputes can delay property or development projects sometimes for years and create uncertainty for owners, developers and other affected parties, causing much stress and anxiety. Hassall’s assists clients with planning matters including:
– planning permit objections
– planning disputes
– planning permit appeals
– VCAT proceedings relating to development and land use
– restrictive covenant matters
– easement matters
– enforcement proceedings
We help clients understand the relevant process, prepare appropriate documentation and determine what steps may be available in the circumstances.
Restrictive Covenant Removals
Restrictive covenants can affect how land may be used or developed. This applies to both big blocks of land and small blocks of land. Hassall’s assists property owners and other interested parties with applications and disputes concerning the removal or variation of restrictive covenants, including preparation of supporting material required to progress the matter.
Easement Removals
An easement may affect the use, development or value of property in Victoria. We advise on easement removal matters and assist clients with the documents and legal processes relevant to addressing an easement affecting existing property or a proposed project.
Enforcement Orders
Planning enforcement action can have significant consequences for property owners and project stakeholders. Hassall’s assists clients in responding to enforcement matters, understanding their position and preparing the documentation required to resolve or defend the proceeding.
Loan and Mortgage Disputes
Disputes may also arise in connection with finance arrangements secured against property. Hassall’s advises on matters involving:
– loan agreements
– mortgage securities
– guarantees
– defaults
– enforcement action
– disputes about contractual rights and obligations arising from finance arrangements
Where these matters develop into contested proceedings, our property and litigation experience allows us to consider both the underlying transaction and the dispute itself.
When Should You Contact a Property Dispute Lawyer?
Property disputes are often easier to manage when legal advice is obtained before the parties’ positions become entrenched. Consider seeking advice where:
– a property contract is being disputed
– another party alleges that you have breached an agreement
– you believe material information was not disclosed before a property transaction
– a boundary, fencing or encroachment disagreement has arisen
– there is uncertainty about an easement or restrictive covenant
– co-owners cannot agree on the contributions to outgoings or repairs to the property
– an Owners Corporation dispute is escalating
– you have received formal correspondence, a notice or tribunal/court documents
– a commercial or retail lease dispute is affecting the property or business
– planning or enforcement action has been commenced
– negotiations have stalled, and you need to understand your legal options
The appropriate response will depend on the nature of the dispute, the available evidence and the outcome you are seeking.
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How Hassall’s Approaches Property and Owners Corporation Disputes
A property dispute should not automatically be treated as a court case.
At Hassall’s, we first seek to understand the property, documents, relationships, and objectives involved before recommending the most appropriate resolution strategy.
1. Understand the Dispute and Your Position
We begin by identifying the issues involved and reviewing the documents relevant to the dispute. Depending on the matter, these may include:
– contracts of sale
– vendor statements
– certificates of title
– encumbrances on title
– plans of subdivision
– owners corporation rules
– owners corporation meeting minutes
– leases
– correspondence
– photographs
– planning documents
– permits
– agreements
– mortgage or loan documents
We then explain the key legal and factual issues and the options that may be available.
2. Identify the Outcome You Are Seeking
Different clients will have different priorities.
You may want to:
– enforce an agreement
– defend a claim
– clarify a property right
– resolve a dispute with a neighbour or co-owner
– address an owners corporation problem
– preserve a commercial relationship
– obtain or protect a development outcome
– prevent further financial loss
– resolve the matter without prolonged proceedings
Understanding the practical outcome you want helps determine an appropriate strategy.
3. Explore Early Resolution Where Appropriate
Where possible, Hassall’s prioritises practical resolution before disputes become unnecessarily costly or prolonged.
Options may include:
– direct negotiation
– formal legal correspondence
– mediation
– settlement discussions
– other dispute-resolution processes
Whether early resolution is appropriate will depend on the circumstances and the willingness of the parties to engage constructively.
We often find that early advice helps clients separate the legal issues from the emotion surrounding a property dispute and focus on what evidence is actually relevant to resolving the matter.
4. VCAT and Court Proceedings Where Required
Not every dispute can be resolved by agreement. Where proceedings become necessary, Hassall’s can assist clients with preparation, evidence, procedural requirements and representation through the relevant tribunal or court process.
5. Clear Advice Throughout the Matter
Property disputes can involve complex and voluminous documentation and competing factual accounts of the issues in dispute. Our role is to explain the issues in clear language; keep you informed about the available options and help you make considered decisions as the matter progresses.
Property and Owners Corporation Experience
Effective property-dispute advice requires an understanding of both property law and the litigation process when disagreements cannot be resolved.
Hassall’s Litigation Services has experience across property, litigation, commercial law and building disputes.
Principal Michelle Cupples has more than 15 years’ experience as a property, litigation, commercial and estate planning lawyer. Her experience includes domestic building disputes, owners corporation matters, town planning applications, retail and commercial leasing, sales and purchases of land, adverse possession and fencing matters, commercial agreements and mortgages.
We recently assisted a client who was a lot owner with a common property dispute with the owners corporation. The client had a leaking balcony and was experiencing internal leaks in his apartment. The client was unable to resolve the matter himself with the owners corporation due to the committee’s misinterpretation of the boundaries and location of common property on the plan of subdivision.
After making specific enquiries with the land surveyor who prepared the plan of subdivision and sending the owners corporation a strongly worded letter of demand, our client was able to resolve the matter with the owners corporation without the need for VCAT proceedings.
This combination of property and litigation experience allows Hassall’s Litigation Services to consider both the underlying legal issue and the practical consequences of allowing a dispute to escalate.
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Areas of Relevant Experience
Hassall’s Litigation Services currently advises on matters involving:
– property and boundary disputes
– adverse possession and fencing
– owners corporation matters
– restrictive covenants and easements
– planning applications and disputes
– commercial and retail leasing disputes
– contracts for the sale of land
– mortgages and commercial agreements
– dispute resolution and litigation
How We Can Help
Our approach is simple: resolve disputes early where possible and protect your position at every stage.
We prioritise negotiation and mediation to help clients avoid unnecessary legal costs and delays. However, if litigation becomes necessary, our experienced litigation team provides strong representation in all Victorian Courts and VCAT.
With Hassall’s, you’ll always receive straightforward legal advice, practical solutions and responsive service from lawyers who understand the Victorian property landscape.
Why Engage Hassall’s Litigation Services?
Property and Litigation Experience Together. Property disputes often involve more than one area of law.
Hassall’s combines property-law experience with litigation and dispute-resolution capability so that both the underlying property issue and the potential dispute pathway can be considered.
An Emphasis on Early Resolution
Formal proceedings are not automatically the first or best option.
Where appropriate, we consider whether negotiation, mediation or another resolution pathway could achieve an appropriate outcome before the dispute becomes more costly or entrenched.
Practical, Personal Advice
Hassall’s is a boutique Melbourne law firm. We provide direct advice and take the time to understand the property, documentation and circumstances behind the dispute.
A Proportionate Approach
The appropriate legal strategy should take account of the importance of the issue, the value at stake, the likely costs and the outcome you are seeking.
We help clients consider these factors before significant decisions are made.
Frequently Asked Questions (FAQs)
A property dispute lawyer advises clients about disagreements concerning property rights, transactions, ownership, contracts and related obligations. Depending on the matter, this may involve reviewing contracts, titles and other documents, advising on legal rights and options, corresponding with other parties, negotiating a resolution, participating in mediation or representing a client in VCAT or court proceedings.
An owners corporation dispute may arise when lot owners, committees, managers or the owners corporation disagree about rights, responsibilities, governance, common property, repairs, finances, rules or the use of common property. The documents and circumstances relevant to each dispute will differ, so legal advice may be useful where the issue cannot be resolved through ordinary owners corporation dispute resolution processes.
You may wish to seek legal advice when a property disagreement is escalating, significant financial or property interests are involved, another party is disputing your rights or obligations, or attempts to resolve the issue informally have stalled. Early advice can help clarify your legal position, identify the documents and evidence that matter, and determine the options available before the dispute becomes more difficult or costly to resolve.
Property dispute lawyers may assist with matters involving:
– contracts for the sale or purchase of property
– boundaries and encroachments
– fencing disputes
– adverse possession
– easements
– restrictive covenants
– co-ownership disputes
– commercial and retail leases
– planning matters
– mortgages and loan agreements
– Owners Corporation disputes
The appropriate legal strategy will depend on the nature of the dispute, the relevant documents and the outcome the client is seeking.
Many disputes may be capable of resolution through negotiation, mediation or other dispute resolution processes. Whether this is appropriate will depend on the nature of the dispute, the legal position and co-operation of the parties, the available evidence and whether an acceptable resolution can be reached. Where agreement is not possible, VCAT or court proceedings may become necessary depending on the matter.
If an owners corporation dispute cannot be resolved in accordance with the applicable owners corporation rules and/or dispute resolution processes outlined in the Owners Corporations Act 2006 (Vic), it may be necessary for the dispute to be dealt with by making an application to VCAT, depending on the nature of the matter and the issues involved.
The appropriate process depends on the dispute. Options may include direct negotiation, correspondence between lawyers, mediation, settlement discussions or formal proceedings. A lawyer can assess the circumstances and advise which pathway may be appropriate for the matter
Resolve your Property Dispute with Clear Legal Advice
If you are dealing with a property, boundary, contract or owners corporation dispute, early legal advice can help clarify your rights and prevent the matter from escalating.
Contact Hassall’s Litigation Services today at admin@hls.net.au or (03) 95557233 to speak with an experienced lawyer and take the first step towards resolving your matter.
