General Property Law
Property issues do not always begin with a sale or purchase
Property law extends well beyond conveyancing.
Issues can arise from the way property is owned, used or accessed, from agreements made between property owners, or simply because circumstances have changed since a property was acquired.
Sometimes the issue is clear. Sometimes the first step is working out what the legal problem actually is.
At Watt & Severin, we provide practical advice on a range of property matters and help clients understand their rights, obligations and available options.
How can we help?
Depending on the nature of your matter, we can assist with issues involving:
Property Ownership
Issues concerning the ownership of property, including co-ownership and circumstances where ownership arrangements need to change.
Easements and Property Rights
Advice about easements, access and other rights affecting land.
Property Agreements
Preparing, reviewing and advising on agreements relating to property and arrangements between property owners.
Property Issues and Disputes
Advice when a disagreement or unexpected issue arises concerning property.
Property Ownership
When ownership arrangements no longer suit the circumstances
Property may be owned individually, jointly or with another person or entity.
Over time, the circumstances surrounding that ownership can change.
Co-owners may wish to change their arrangements, transfer an interest in a property or deal with a property following a change in their personal, family or commercial circumstances.
Before changing property ownership, it is important to understand both the legal effect of the proposed transaction and whether other professional advice may be required.
We can advise on the property law aspects of the proposed arrangement, prepare or review the necessary documentation and work with your accountant or other advisers where appropriate.
Easements and Property Rights
Understanding rights affecting your land
The rights affecting a property are not always apparent from looking at it.
Easements and other registered interests may give another person rights over part of a property or affect the way land can be accessed or used.
Questions can arise about what an easement permits, who benefits from it, the obligations associated with it or how it affects a proposed use or transaction.
We can review the relevant title and documentation, explain the legal position and advise on the options available.
Where a new easement or other property arrangement is proposed, we can also assist with documenting the agreement and the legal requirements associated with it.
Property Agreements
Put the arrangement in writing
Not every property arrangement involves a conventional sale or purchase.
Property owners may need agreements dealing with access, use, shared arrangements or other rights and obligations affecting land.
A clear agreement can help ensure that everyone understands what has been agreed and reduce uncertainty later.
We can assist with preparing, reviewing and negotiating property-related agreements and explain the legal effect of the proposed arrangements before they are entered into.
Property Issues and Disputes
When a property issue becomes a disagreement
Property disputes can develop for many reasons.
Sometimes there is disagreement about a legal right. In other cases, the parties may agree about what has happened but disagree about what should happen next.
Before deciding how to respond, it is important to understand the legal position and the practical options available.
We can review the relevant documents and circumstances, explain your rights and obligations and help you consider an appropriate way forward.
Not every property disagreement needs to become a court proceeding.
Where there is an opportunity to resolve an issue practically, we can help you explore that option. Where a firmer legal response is required, we can advise you about the steps available.
Property can connect with other areas of law
A property issue does not necessarily exist in isolation.
Changes in property ownership may have estate planning, commercial or financial implications. Property may form part of a deceased estate. A property arrangement may be connected with a business or commercial agreement.
Where we identify an issue outside the immediate property question, we can discuss it with you and, where appropriate, work with your accountant, financial adviser or other professional advisers.
Not sure whether your issue is a property law matter?
You do not need to identify the legal category before contacting us.
Tell us what has happened, who is involved and what you would like to achieve.
We can help identify the legal issues and determine what needs to happen next.
Talk to Watt & Severin about your property matter.