Services Offered By Property Litigation Lawyers

Property litigation lawyers are those lawyers who deal with any kind of cases or disagreements related to property. Property litigation lawyers are well-versed in the laws which define the ownership of property and its related subjects. Although these lawyers are qualified and licensed to practice in any filed of law, they usually deal primarily with litigation cases involving property. A good litigation lawyer in Perth can answer any query you have in relation to property disputes.

Dispute between Joint Owners

When it comes to co-ownership or partnership of property, here are some points to remember. The typical rights and obligations of such kind of ownership are governed by broad guidelines like:

  • Every co-proprietor enjoys equal privilege over any involvement in the property.
  • A co-proprietor is obliged to repay other co-proprietors who have been wrongfully barred from the claim of the property.
  • Every co-proprietor has the right to lease the property to non-proprietors following certain regulations.
  • All co-proprietors are obliged to ensure the protection and security of the mutually claimed property.
  • A co-proprietor has the right to insist for a commitment from other co-proprietors for costs incurred for upgrading or modifying the property.
  • If one of the owners is acting wrongfully in relation to the jointly owned property, the other owner can seek injunctive relief from the Court prohibiting or stopping that owner from continuing with wrongful act.

    Sale of Property

    It is common that one of the joint owners may want to sell the proper while the other does not wish to sell. The owner wishing to sell the property may make an application to the Supreme Court under the Property Law Act (WA) for partition or sale of the Property.

    Lease disputes

    Our team of litigation lawyers have represented for landlord in situations where the tenant has been in default. Examples of default by tenant:

    • Failure to pay monies due under the lease agreement such as rent, outgoings, fees, etc.
    • Damage to property
    • Nuisance or illegal use of property
    • Assigning lease without landlord’s prior written consent.

    Depending on the terms of the lease agreement, the landlord usually should first issue a default notice requiring the tenant to remedy the default. Failing which, the landlord can issue termination notice.

    On termination, landlord can take possession of the premises and commence legal action against the tenant for loss and damages. However, landlord must be very careful not to wrongfully terminate the lease, as this will amount to a repudiation of contract and may open up to being sued by the tenant for loss and damages.

    Our team of litigation lawyers have also represented tenants in situation where the landlord has been unreasonable or has wrongfully terminated the lease. In this situation, the tenant can apply to the Court for injunctive relief, stopping the landlord from taking steps in re-entering or re-possessing the premises.


    Caveat is a statutory injunction. A person can lodge a caveat over another person’s property if that person has a caveatable interest. It prohibits the property owner from dealing with the property without the caveator’s consent.

    However, if the caveator must have caveatable interest. Failing which, the property owner may by notice to the caveator to obtain court declaration within time limit declaring it’s caveatable interest.

    Our experienced litigation lawyers have represented property owners and caveators in relation to this type of property dispute.

    Please get in touch with us in case you have any queries related to property disputes.

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