- What is a property dispute?
- A property dispute is a legal disagreement about the ownership, use, or boundaries of land or buildings. Common types include boundary disputes, fencing disputes, easement and right-of-way disputes, co-ownership conflicts, building and construction disputes, and disputes arising from the sale or purchase of property.
- How are boundary disputes resolved?
- Boundary disputes are typically resolved by reviewing the registered title documents and deposited plans held by NSW Land Registry Services. If the documents are unclear, a surveyor may be engaged to determine the correct boundary. Most boundary disputes are resolved through negotiation or mediation. If agreement cannot be reached, an application can be made to the Supreme Court of NSW under the Real Property Act 1900.
- What happens when co-owners disagree about selling a property?
- When co-owners cannot agree on whether to sell or retain a property, either owner can apply to the Supreme Court of NSW for the appointment of trustees for sale under section 66G of the Conveyancing Act 1919. The court will generally order the sale unless there are compelling reasons not to. We can advise on your rights and negotiate a resolution before court proceedings become necessary.
- What is an easement dispute?
- An easement is a right to use another person's land for a specific purpose — such as a right of way, a drainage easement, or a utility easement. Disputes arise when the scope of the easement is unclear, the easement is being obstructed, or one party is using the easement beyond what was granted. These disputes often require interpretation of the registered easement document and may involve the Supreme Court or the Land and Environment Court.
- How long do property disputes take to resolve?
- The timeframe depends on the complexity of the dispute and whether it can be resolved by agreement. Straightforward boundary or fencing disputes may resolve within weeks through negotiation. Contested court proceedings typically take 6–18 months. We always explore early resolution options — including mediation — to minimise delay and cost.
- What are the costs of a property dispute?
- Costs depend on the nature and complexity of the dispute. We provide a clear fee estimate at your first consultation and discuss the likely cost-benefit of pursuing or defending a claim. In some cases, costs may be recoverable from the other party if you are successful in court.
