Property Disputes

Property disputes can take many forms. They can involve:

• disputes between neighbours over easements, rights of carriageway and encroachment;
• the respective obligations of landlords and tenants under the lease governing their relationship;
• the valid exercise of options under leases;
• relief against forfeiture;
• issues concerning rent review and the final and binding nature of expert determinations; and
  failed conveyances.

A successful resolution of these property disputes, which can become bitter and entrenched particularly if they involve neighbours, requires a sound understanding of the Real Property Act, the Conveyancing Act as well as common law and equitable principles. Property disputes have always held a particular interest for Laina since she studied real property law and conveyancing at the University of Sydney. While the transactional side of property law does not hold her interest, the property disputes that arise from complications during the conveyancing process fascinate her.

This interest is reflected in the fact that not only has Laina worked on a range of property disputes, she has also presented widely on the subject. She has also published on the various obligations of solicitors acting in conveyances.