Are you currently in a dispute concerning your residential property? Don’t let the stress and complexity of property disputes overwhelm you. Our Queensland residential property dispute lawyers at Fox Piper are here to protect your rights and provide expert guidance. We ensure superior representation and effective resolution of your residential property disputes.
Book a consultation with us today to understand your legal standing, devise a winning strategy and fight for your rights.
If you’re a residential property owner and find yourself in a legal dispute, explore your legal options with Fox Piper.
We can help you with a range of residential property disputes that can arise in Queensland. We have assisted homeowners from common disputes such as boundary, fence or easement conflicts, through to construction issues and disputes between owners. We have also supported homeowners who have issues relating to builders, contractors and new properties.
Our team of property dispute lawyers has a proven track record of successfully resolving these kinds of residential property disputes, thanks to our strategic approach, strong litigation skills and client-centred solutions.
If you’re currently dealing with a dispute with your residential property, book a consultation with us today and we’ll let you know where you stand in your case and devise a strategy to help you achieve a favourable outcome.
We offer a full spectrum of services within Queensland residential property disputes, including but not limited to:
Step 1
Submit Your Enquiry
Provide us with details about your situation. We will assess to see how best we can help you. All enquiry submissions are confidential.
Step 2
Speak with a solicitor
We will take the time to understand your circumstances and give you guidance.
We will speak with you about your matter, give you options, and most importantly potential solutions.
Step 3
Post-consultation email
Tell us about your dispute, and our team will assess your enquiry and guide you on possible next steps. We’re here to help you navigate the process with clarity and confidence.
Property disputes are wide and varied, and can include (but are not limited to):
The cost of hiring a residential property dispute lawyer can vary depending on the complexity of the case and the services required. At Fox Piper, we offer an initial consultation for a flat fee and provide a clear estimate of any additional costs based on your specific needs.
Our team will review the information you have provided. We will be in touch to discuss the next steps or to ask questions about your situation to ensure we can thoroughly review your matter. We will advise you as to whether we can provide our legal services or if there are other steps you may be able to take.
If your neighbours are threatening you, your family or your property, then mediation may not be appropriate. Instead, you may be able to apply for a ‘peace and good behaviour order’.
This type of order can be made by the Magistrates Court and will prevent someone from doing anything that may threaten you or your family. It is important to note that a peace and good behaviour order does not cover situations involving harassment or verbal abuse, but rather applies to more serious conduct, such as where your neighbour is threatening or attempting assault or causing property damage.
If at any point, you fear for your or your family’s immediate safety due to the behaviour of a neighbour or anyone else, you should call 61 7 3473 5078.
A litigation lawyer may be able to help obtain a court order to help prevent ongoing threats.
Not necessarily, but property disputes can be complicated. If you do not know all of your legal rights, assert an incorrect position, or you do not exercise your legal rights correctly, you may inadvertently make the situation worse than it already is.
Even simple matters can turn into serious arguments, and sometimes engaging a lawyer to directly speak to your neighbour, or help you in the background, can ensure that the situation or issue is resolved more smoothly.
We can negotiate with your neighbour and, if necessary, obtain expert evidence to determine the boundary of your land. Our approach typically starts with engaging in mediation, with the capability to instigate (or defend) court intervention to resolve the boundary dispute should your neighbour act unreasonably.
You may have grounds for a breach of contract claim or negligence against your building inspector, depending on the situation. Whilst you do have some obligations as a buyer to be aware of the state of the property, most buyers are not experts in building, and rely on others to disclose defects or potential issues. We can explore your options, including mediation or pursuing legal action if necessary.
Yes, a caveat can be lodged on the property title to protect your interest. We can assist you in preparing and lodging a caveat, but it’s essential to have a valid interest in the property, otherwise you may be liable for damages that are caused because of the caveat being placed on the property.
You may have a negligence claim against the building inspector. We can help you gather evidence of the inspector’s oversight and guide you through the process of seeking compensation.
We can review the contract to determine the nature of the breach and explore options, such as negotiating with the seller, seeking specific performance or pursuing damages for any financial losses incurred due to the breach.
We can assess the situation and explore legal remedies, such as requesting the neighbour to trim the tree, or, if necessary, seeking a QCAT order to address the encroachment.
In some cases, it’s possible to recover legal costs, but it depends on the specific circumstances.
Generally, if you are successful in a Court, you will receive a costs order, but it will rarely cover all of your costs, and you should expect some out-of-pocket costs. The extent of your out-of-pocket costs is not always easily determined, and any favourable costs order usually requires you to be successful. If the other side is successful, you may be exposed to an adverse costs order which you should also consider prior to commencing proceedings.
Not all types of disputes dealt with by QCAT (Queensland’s small claim’s tribunal) permit costs to be ordered. QCAT is, however, designed to be inexpensive and in non-complex cases, you will usually be expected to represent yourself.
Whether your case would be dealt with by QCAT or the Court, Fox Piper can assist you in reviewing your matter.
