Services
Property and Development
Property disputes often turn on a right of way, a boundary line, or who is entitled to use a piece of land — questions that can affect a property's value long before they reach a court. They arise between neighbours who have lived side by side for decades, and between parties to a multi-million-dollar development site, and the right outcome often depends on old title documents, historical use of the land, or agreements that were never properly documented.
Archer Lawyers advises property owners, investors, developers and businesses on ownership disputes, boundaries, easements and access, and on the property issues that arise during a development — from due diligence at the acquisition stage through to resolving disputes that threaten to delay or derail a project.
We advise on property and development disputes, including:
- Ownership and title disputes: advising on disputes over legal and beneficial ownership, and competing claims to title
- Boundary disputes and encroachments: advising on disputed boundary lines, encroaching structures, and applications and proceedings to resolve boundary disputes
- Easements, rights of way and covenants: advising on the creation, interpretation, enforcement and extinguishment of easements, rights of way and restrictive covenants
- Access disputes between neighbours: advising landowners on disputes over access to land, including landlocked land and applications for statutory rights of way
- Subdivision and development approvals: advising on the property law aspects of subdividing land, including easements, covenants, restrictions and the creation of new lots
- Property issues during acquisition, sale or development: advising on title issues, restrictions and encumbrances identified during due diligence, and resolving them before settlement or development proceeds
- Neighbour and development disputes: advising on disputes between neighbouring landowners arising from construction, excavation, support of land, or the impact of a development on adjoining property
- Adverse possession claims: advising landowners on making or defending claims to title based on long-term possession of land
- Caveats and property interests: advising on lodging, removing and disputing caveats over property, and protecting unregistered interests in land
- Co-ownership and property settlement disputes: advising co-owners on disputes over shared property, including applications for the sale or division of jointly owned land
Outcomes we help clients work toward include:
- A boundary or easement dispute resolved without unnecessarily damaging a neighbouring relationship
- Access or right of way confirmed, or an encroachment resolved
- Clear title and property rights established before a sale or development proceeds
- Development-stage property issues resolved before they delay a project
- Ownership or title disputes resolved, giving clients certainty over their legal position
- Adverse possession claims successfully made or defended
- Caveats lodged, removed or successfully challenged to protect a client's interest in property
