Property Disputes

At our firm, we represent clients before QCAT. QCAT has jurisdiction under the Property Law Act 1974 (Qld) and the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) to determine boundary disputes, including fencing cost contributions, tree encroachment, and access disputes. The Tribunal can make orders for fence construction, repair, cost-sharing, tree removal or pruning, and compensation. QCAT encourages parties to attempt mediation before a hearing. For complex boundaries involving registered titles, a cadastral surveyor's report is usually required.

Adverse possession allows you to apply to become the registered owner if you have occupied land without the owner’s permission for at least 12 years. Our team helps clients with adverse possession applications. It allows a person who has occupied land without the owner's permission for at least 12 years to apply to the Registrar of Titles to be registered as the new owner under the Land Title Act 1994 (Qld). The applicant must prove continuous, exclusive, and open possession for the full limitation period. The registered owner can object, and the matter may be determined by the Supreme Court of Queensland. Successful claims are rare and require strong factual evidence.

Yes. Our team advises both mortgagees and mortgagors on their rights. A mortgagee can take possession of a property without a court order if the mortgage deed contains a contractual right to possession. Alternatively, the mortgagee can apply to the Supreme Court for an order for possession. The mortgagee must give notice before taking possession.

At our firm, we handle strata and community title disputes governed by the Body Corporate and Community Management Act 1997 (Qld). Disputes between lot owners and the body corporate about by-laws, maintenance, general meeting resolutions, or levy contributions are dealt with by the Office of the Commissioner for Body Corporate and Community Management, with appeal rights to QCAT. Common disputes include parking, pet restrictions, noise complaints, and cost contributions for common property repairs.

When co-owners of Queensland property cannot agree on sale, use, or management, our team helps resolve the dispute. Any co-owner can apply to the Supreme Court for an order for sale or partition of the property under the Property Law Act 1974. The court may order the property to be sold and the proceeds divided among the co-owners.