Real Estate & Property Lawyers › Property Disputes
Property Dispute Lawyers — Boundaries, Easements, Title & Neighbours.
Property disputes — boundary disagreements, easement enforcement, adverse possession claims, encroachments, title defects, and co-ownership disputes — can be complex and costly to resolve without legal advice. A property dispute lawyer advises on your rights under the Real Property Act, negotiates with opposing parties, and litigates in the Supreme Court or Land and Environment Court where required.
⚠ Adverse possession claims in most Australian states require 12 years of continuous, open, and exclusive possession. Once established, the possessor can apply to be registered as the owner. Act to protect your title before the limitation period expires. Get advice now.
Property Dispute Matters We Handle
From boundary disputes to co-ownership breakdowns — all property disputes.
Boundary Disputes
Disputes about where the legal boundary between two properties lies — often arising from fence lines that do not match the registered title boundary, or from surveys that produce different results. A lawyer advises on the registered title position, instructs a registered surveyor where necessary, negotiates with the neighbouring owner, and litigates in the Local Court or Supreme Court where agreement cannot be reached.
Easement Disputes
An easement is a right to use another person's land for a specific purpose — for example, a right of way (to cross the land), a drainage easement (to discharge water across the land), or a service easement (for utilities). Easement disputes arise where the dominant owner (who has the benefit of the easement) claims the servient owner (over whose land the easement runs) is interfering with the easement, or where the servient owner disputes the existence or extent of the easement.
Adverse Possession
A person who has continuously, openly, and exclusively occupied another person's land for the limitation period (12 years in most Australian states) can apply to be registered as the owner of that land. A lawyer advises on whether the elements of adverse possession are established, prepares the application to the relevant land registry or court, and manages any challenge by the registered owner.
Encroachments
An encroachment occurs where a building or structure (a fence, wall, driveway, or overhanging eave) encroaches onto a neighbouring property. The Encroachment of Buildings Act 1922 (NSW) and equivalent legislation in other states provides a framework for resolving building encroachments — including seeking an easement over the encroached land or requiring removal of the encroachment. A lawyer advises on the options for resolving the encroachment and the legal rights of both the encroaching owner and the neighbouring owner.
Co-ownership Disputes
Where two or more people own property together — as joint tenants or tenants in common — disputes can arise about the use of the property, contribution to outgoings, and how the property should be dealt with. A co-owner who wants to sell the property but whose co-owner refuses can apply to the Supreme Court for an order for sale (a partition or sale order) under the Conveyancing Act or equivalent state legislation.
Restrictive Covenant Enforcement
A restrictive covenant is a burden on land — registered on the title — that restricts what the landowner can do with the property (for example, prohibiting subdivision, commercial use, or buildings above a certain height). A lawyer advises on whether a restrictive covenant is enforceable, who can enforce it, and how to apply to the relevant court or tribunal to have the covenant modified or extinguished where it is obsolete or unreasonable.
The Legal Framework
Property disputes — Real Property Act, Conveyancing Act, and common law.
Indefeasibility of title — and its exceptions
Under the Torrens title system, a registered proprietor's title is indefeasible — protected against claims by prior unregistered interests. However, indefeasibility has exceptions — a registered title obtained by fraud is not indefeasible, and certain in personam claims (such as estoppel or breach of contract) can affect the registered proprietor even under the Torrens system. A property lawyer advises on whether any exception to indefeasibility applies to the specific facts of the dispute — and whether a caveat should be lodged on the title to protect an unregistered interest pending resolution of the dispute.
Caveats — protecting unregistered interests
A caveat is a notice lodged on the title of a property by a person who claims an interest in the property — such as a purchaser under an unregistered contract, a mortgagee under an unregistered mortgage, or a person with an equitable interest arising from a trust or constructive trust. A caveat prevents registration of any dealing that would affect the caveator's claimed interest. A property lawyer advises on whether a caveat is appropriate, prepares and lodges the caveat, and manages the caveat process — including responding to a lapsing notice issued by the registered proprietor.
Adverse possession — s27 Real Property Act 1900 (NSW)
In NSW, adverse possession of Torrens title land is governed by s27 of the Real Property Act 1900 — which allows a person who has been in adverse possession of Torrens title land for 12 years to apply to the Registrar-General to be registered as the owner. The application requires evidence of open, peaceful, and exclusive possession for the limitation period — typically statutory declarations, photographs, and evidence of maintenance and improvement of the land. A lawyer prepares the adverse possession application and manages any challenge by the registered owner.
Easements — creation, enforcement, and extinguishment
Easements can be created expressly (by deed or registered on the title), by implication (where the easement is necessary for the use and enjoyment of the dominant land), or by prescription (by long use, equivalent to adverse possession). An easement can be extinguished by agreement, by release, by merger (where the dominant and servient titles come under common ownership), or by order of the Court where the easement has become obsolete. A property lawyer advises on the creation, enforcement, and extinguishment of easements — including applications to the Court under s89 of the Conveyancing Act 1919 (NSW) to modify or extinguish an easement.
Partition and sale — co-ownership disputes
Where co-owners of property cannot agree on whether to sell, a co-owner can apply to the Supreme Court for an order for partition (physically dividing the property) or for sale. Under s66G of the Conveyancing Act 1919 (NSW) and equivalent legislation in other states, the Court has discretion to order the appointment of trustees for sale — the trustees sell the property and divide the proceeds between the co-owners in proportion to their respective shares. The Court can also order that one co-owner buy out the other at a price determined by a valuer. A property lawyer advises co-owners on the partition and sale process.
The Land and Environment Court (NSW)
The Land and Environment Court of NSW has jurisdiction over a wide range of property and environmental matters — including development appeals, mining and resource disputes, environmental prosecutions, and certain property disputes (including easement disputes under s88K of the Conveyancing Act and appeals from local council decisions). The Court has both merits review jurisdiction (where the Court can substitute its own decision for the council's decision) and judicial review jurisdiction (where the Court reviews the legality of the council's decision). A property lawyer advises on whether a matter is within the Land and Environment Court's jurisdiction and the appropriate class of proceedings to file.
How It Works
One request. Free property dispute advice.
Tell us the type of dispute (boundary, easement, encroachment, co-ownership), the state, and a brief description of the facts. A property lawyer will advise on your rights and the options for resolution.
Submit Your RequestDescribe the dispute
Type of dispute (boundary, easement, adverse possession, encroachment, co-ownership), state, property address, the other party, and any proceedings already commenced.
Matched to a property lawyer
Matched to a property lawyer with experience in the specific type of property dispute — who knows the relevant legislation and the court or tribunal with jurisdiction over the matter.
Free consultation
A property lawyer contacts you for a free consultation — advising on your rights, the strength of your position, and the options for resolving the dispute (negotiation, mediation, or litigation).