Property Law and Property Dispute

If you need assistance in any subdivision issues, property disputes, stamp duty disputes or claims, FIRB Applications, retirement village or adverse possession claims, you are in excellent hands with our knowledgeable lawyer and assisting clerk.

We are strong advocates for our clients, but above all we treat our clients as individuals

Advising on adverse possessions or any other property disputes

Subdivisions, Covenants & Easements

Property disputes

FIRB Applications

Retirement Villages

Advising on adverse possessions or any other property disputes.

Adverse possession is where a person claims legal ownership over a property based on continuous possession of the property for a period of at least fifteen years, when he or she does not have legal title over the property.

To do so, a person must show that they have enjoyed use of the land for a continuous period of fifteen years, whether the rightful owner was aware of same. However, there are certain types of land in which a claim for adverse possession cannot be made and these include crown land, council land, rail tracks, the roads corporation or a water authority, or common property.

Adverse possession applications are complicated and require extensive documents to be prepared for filing with Land Victoria such as assignment of possessory rights, statutory declaration by applicant, lawyer declaration, survey plans and disinterested witness declaration(s).

If you wish to make an adverse possession claim on a property, Eve Legal can help you. We can also help contest an adverse possession claim that has been made on your property if you have received notices in this regard. There is a time limit applicable to prevent someone else from making a claim on your land.

If you have any questions or queries regarding adverse possession, the Eve Legal Property team can assist.

Subdivisions, Covenants & Easements

Eve Legal, our team is well-versed in the legal process of subdividing your land. There are six main stages in the subdivision process:

  1. Engage a licensed land surveyor.
  2. Apply and receive a planning permit for development.
  3. Submit the plan of subdivision for certification to local Council.
  4. Receive a statement of compliance from your local Council.
  5. Register and prepare any covenant or easement(s).
  6. Consent from your lender to produce the title.
  7. Lodge plan at Land Use Victoria / Titles Office

Our experienced property lawyers will provide the appropriate legal guidance for property subdivision in Victoria, whether it is for 2 lot subdivisions or larger developments. Get in touch with us if you need any off-the-plan development or conveyancing advice.

Property disputes

Our lawyers manage leasing-related issues and litigation, representing both landlords and tenants. We can also evaluate your situation and offer guidance regarding contract enforcement, including specific performance, default notice, rescissions, termination, and contract repudiation.

With a practical approach centred on private clients, we are motivated to comprehend the demands of our clients and to be solution focused.

Contact us today at 03 9000 5610 or email us at info@evelegal.com.au for more information.

FIRB Applications

The Foreign Investment Review Board (FIRB) requires foreign non-residents or residents on temporary visa to obtain approval prior to making any investments on residential real estate, land, or business in Australia. Foreign investors should be weary of whether FIRB approval is required, whether the intended investment is permitted, the type of application to be made as there are penalties for failure to obtain approval and or breach of approval.

At Eve Legal, we can help with the following FIRB applications:-

For residential land:-

  • Approval for acquiring an interest in any residential land, regardless of its value.
  • Approval for an acquisition of vacant land for residential development.
  • Approval for an acquisition of a new dwelling.

For mining:-

  • Approval for acquiring an interest in a tenement or the underlying land used to carry on a mining operation.

For commercial land:-

  • Approval for acquiring an interest in commercial land, where the value of that investment is above a certain monetary threshold ($0 for vacant commercial land, $289 million for developed commercial land, $63 million for developed commercial land considered to be sensitive).

For agricultural land:-

  • Approval for acquiring an interest in agricultural land where the cumulative value of their agricultural land holdings exceeds (or would exceed with the proposed investment) $15 million.

We take pride in advising and assisting you to ensure a smooth process to purchase your property. We are available via phone, email, or face to face to discuss your concerns.

Retirement Villages

Retirement communities are frequently occupied through long-term leases, licences, or through strata title ownership.

In a long-term lease, the occupant can transfer the lease and the property developer retains ownership of the building. In addition to the leasing agreement, a "service agreement" outlines the criteria for the services rendered. Long-term leases typically need the appointment of a trustee company to handle the financial matters and a manager to oversee day-to-day village operations.

On the other hand, you may enter into a Licence arrangement. In this case, the property developer continues to be the owner of the property, but the occupant is given the right to occupy it in exchange for a long-term loan or payment.

If you decide to choose a reverse mortgage, you'll need to review some of your financial circumstances to see whether it's the correct decision for you. Some factors you may wish to consider are:-

  • The impact on your pension.
  • Loan payments
  • Your future expenses. 
  • Fine print of the reverse mortgage contract so you will understand the consequences of breaching any terms and conditions.

Strata Title Ownership another form of occupation with the added benefit of body corporate membership granting certain rights to contribute to the management of the retirement village.  You should obtain legal advice relating to the cost of entry, any stamp duty implications and capital gains issue with the property.

At EVE LEGAL, we always recommend seeking the advice of an experienced lawyer whilst reviewing alternative retirement villages and certainly prior to signing any documents regarding occupation.

Speak with our expert and devoted lawyers today.