Property Dispute Resolution / Litigation


Property disputes of any form can have significant consequences for all parties involved and can have serious and irreversible effects on the ownership and value of the property involved. 

Disputes regarding residential or commercial property can take various forms and involve many different questions of law and fact.  

Common property disputes include: 

  • Co-ownership disputes – where co-owners of property cannot agree on how to deal with the jointly-owned property. For example, one co-owner can force the sale of a jointly-owned property by making an application under Section 38 of the Property Law Act 1974 – see our article HERE for more details; 

  • Compulsory acquisition disputes – where an authority (such as a local Council, State Government or public utilities provider) seeks to resume all or part of an owner’s land under the Acquisition of Land Act 1967 – see our article HERE for more details;

  • Encroachment disputes – where a structure on one property is partially built on an adjoining property; 

  • Easement disputes – where parties (usually adjoining owners) do not agree on the terms of an easement (whether registered or not) affecting their properties, including rights and obligations with respect to maintenance, upkeep, costs and use of an easement area – see our article HERE for more details;

  • Trespass & Nuisance disputes – where a property owner's rights to the peaceful use and enjoyment of their property are impacted by another person; 

  • Dividing fence disputes – where the type of, location of, or change to, a dividing fence results in a dispute between neighbours; 

  • Tree disputes – where a tree located on one property impacts another property and results in a dispute between neighbours; 

  • Adverse possession claims – where a 'squatter' becomes entitled to legal ownership of a property after occupying it without consent for a required period of time; 

  • Lease disputes – where a landlord and tenant are in dispute in relation to the terms of the lease agreement between them – see HERE for more details;  

  • Ownership disputes – where a person claims an interest in a property that is legally owned by another registered owner (perhaps by way of lodging a caveat); 

  • Negligence claims – where a person is negligent in dealing with property, such as a lawyer negligently completing a conveyance for another person or a builder negligently building a structure on a property. 

It is critical that parties involved in any property dispute obtain detailed legal advice on their position from the outset, as steps taken at any stage of a dispute can have a determining effect on the outcome of the matter. 

Our team have extensive experience acting for clients in a vast array of property disputes, including all of those types of property law disputes listed above. 

Led by Simon LaBlack, 1 of only 29 accredited specialists in property law in Queensland, our team have the expertise and technical edge to ensure that your rights are protected and to give you absolute peace of mind.  

We deliver specialist property law advice to assist our clients to determine when to take further action to pursue their matter and do not hesitate to staunchly advocate for our clients and pursue all legal means available to them to resolve their property dispute.  

Get legal advice immediately to achieve the best outcome for any property dispute - contact us now.


Important Disclaimer: The material contained in this publication is of a general nature only and is based on the law as at the date of publication. It is not, nor is it intended to be, legal advice. If you wish to take any action based on the content of this publication, we recommend that you seek professional advice.