Header Image

Property Disputes

Book Now
BOOK NOW
close
Book your no obligation consultation Book your free consultation
ENQUIRY FORM Enquiry Form

Residential & Commercial Property Disputes

With the recent growth of Gold Coast’s infrastructure and economy, residential and commercial property disputes are a common occurrence. If you are currently in a residential or commercial property dispute, the litigation and dispute resolution team at Ramsden Lawyers are here to assist you in achieving your desired goal.

Background Texture

How can property disputes arise?

Conflicting equitable interests in land;
Contract disputes;
Valuation disputes;
Acquisition and adverse possession;
Retail leasing disputes; and
Other interests in land disputes.

Litigation-Banner-image-9

Common disputes

A dispute that we see frequently is where party X has made an equitable contribution to a property for purposes such as mortgage repayments or building fit outs, but upon the sale of the property, party X realizes that they do not have a registered interest in the property.

To protect our client’s interest in these circumstances, we would consider lodging a caveat over the property.

What is a caveat?

Lodging a caveat over a property, subject to some exceptions, has the effect of prohibiting the registration of any other instrument or document on title which would effect the interest of the person lodging the caveat (the ‘caveator’). Basically, lodging a caveat stops any person ‘dealing’ with the property, such as selling the property or placing a mortgage on the property until the caveat is withdrawn, removed, cancelled or lapses.

A caveat will lapse 3 months from when it is lodged unless the caveator files proceedings in a court seeking orders that the caveator has an interest in the caveated property.

To lodge a caveat over a property, you must show that you have a caveatable interest in the property.

Litigation-Banner-image-5

What amounts to a caveatable interest?

As mentioned in the earlier scenario, many property disputes involve contributions to a property where the person making the contributions is not the registered owner on title. These contributions may amount to what is called an ‘equitable interest’ in the property which can be protected by a caveat.

Equitable contributions include payments to the mortgage over the property or contributions to renovations or advancements of the property.

Background Texture

How we can help?

If you’re involved in a property dispute and you want to determine if you may have a caveatable interest in a property or have made equitable contributions to a property, please contact our Gold Coast office to arrange a consultation with one of our litigation lawyers.

Services you may be interested in

Do you have a question? We're here to help you find the answer.

Enquire Now

What Our Clients Say

"After many years as a client with Ramsden Lawyers, our family find them very professional at what they do. All the staff are very friendly and are committed in their work."

- Adrian Z. | Gold Coast

"We highly recommend Ramsden Lawyers for all Litigation, Construction or Property Services. They have assisted our company in reviewing Multi Million Dollar Construction Contracts as well as navigate through legal discussions with ease, professionalism and execution. We look forward to continuing our professional relationship with the team at Ramsden for years to come."

- G. C. Projects | Gold Coast

"Their professionalism was EXCELLENT. Made the whole property purchase paperwork a delight...not the stress filled minefield I was expecting. Clear, clever, succinct and a delight to deal with. Will definitely refer to all. Thanks Ramsden."

- Ellen G. | Gold Coast

"Excellent! Highly recommend. Received great service from family law team. They were very helpful, informative and professional."

- Karen M. | Sydney

"Amazing professionalism, attention to detail and compassion when working in the sensitive area of family law. I would highly recommend Ramsden Lawyers for any legal service."

- Mary B. | Gold Coast

"Anna, you’ve made this hard battle much easier for me because of the way you actually cared about what I was going through. Always very professional and patient. I'm really glad I’ve chosen you to fight the battle of my life and even gladder to say: WE WON! Thank you very much for everything."

- Gustavo D. | Gold Coast