Property lawyers Sydney play an important role in creating and maintaining the system of ownership. The Real Property Act 1900 (NSW) primarily regulates Australian property law. Additionally, property lawyers in Sydney assist clients to deal with property-related issues like:
- Purchasing, selling, subdividing, and transferring titles;
- Council and building restrictions;
- Tax Implications;
- Approval procedures;
- Restrictive covenants; and
Essentially, property lawyers in Sydney provide their clients with legal advice when it comes to real estate and property disputes. They help with negotiations, due diligence, litigation, foreclosures, deed transfers, zoning restrictions, and coordination with lending agents. This includes any other party involved in a property sale. This article will discuss property lawyers in Sydney and why clients need one.
How Do Property Lawyers in Sydney Handle Property Matters?
Generally speaking, property is anything that belongs to a person. This can be either given, purchased, or sold to another person. Obtaining property requires possession and/or titles. Possession is defined as the physical control of a property. Moreover, a person must live or utilise property in some way in order to gain possession.
In contrast, title property refers to whoever owns legal documentation of land or buildings. In several cases, the property owner may have both a title and possession. However, this isn’t always the case. Property lawyers in Sydney can help settle property disputes and decide on the rightful owners of a property.
Property lawyers in Sydney involve themselves in several types of property-based transactions. They typically work on contract drafting and other related documents. Furthermore, they also use these contracts and documents to progress in negotiations between concerned parties. The daily tasks of a property lawyer include:
- Negotiations on property transactions
- Preparing and finalising documentation
- Structuring arrangements for conveyancing and investments
Two Main Types Of Property Law
Property lawyers in Sydney typically handle two types of property law. These are intellectual and real property. Particularly, these two categories include a number of statutes and systems that deal with certain aspects of the laws.
This type of law covers any type of property that originates as an idea. Most of the time a property’s inherent worth is intangible rather than being a productive piece of land or artwork. Moreover, the value of this property exists in the idea of it.
Thus, this type of property law seeks to protect the owner’s rights to this idea. Several types of intellectual property law are concerned with the development of systems. These systems define ownership and use of any sort of intellectual property.
Trademarks, copyrights and patents are common examples of intellectual property. Moreover, this type of law handles the infringement of property, may it be a civil or criminal crime. Violating this law may result in imprisonment, fines, and other legal penalties.
On the other hand, real property law deals with tangible objects such as land or real estate. This can also include furniture and heirlooms. The value of these tangible objects is in their physical, or real form. Similar to intellectual property, this type of law creates a system of ownership and infringement rules.
Essentially, titles and legal papers generally grant ownership of real property. These typically guarantee the right of a person or entity to a real property’s use. For instance, a person may claim title over farmlands or corporate buildings.
Crimes Against Real And Intellectual Property
Titles and copyrights provide a person with legal possession over a property. Both of these laws also prevent the unlawful use or misuse of a piece of property by another person. For instance, these people who don’t have rights over the property may:
- Vandalise the property
- Steal the property
- Commit arson on the property
- Breaking and entering, or trespassing on the property
- Commit copyright infringement
- Piracy for commercial gain
- Using a third party’s image, trademark, or logo, without the owner’s consent
These are some of the most common crimes against real and intellectual property. Property lawyers in Sydney can assist owners who suffered damages in property law. On the other hand, intellectual property receives a lot of alleged illegal use and trading of digital files.
Again, property lawyers in Sydney can assist in recovering intellectual property to their rightful owners and penalise offenders in the process.
When Do You Need Property Lawyers In Sydney?
There will be instances where possession of a property might not favour someone. For instance, owners may find themselves in the midst of litigation or looking to take possession of a property. Property lawyers in Sydney can ensure contracts are respected in a property dispute.
Purchasing property may lead to a tenant or a landlord suing the purchasing party. If the purchasing party is looking to file a lawsuit, it is advisable to get a property lawyer’s legal counsel. Property lawyers in Sydney know the peculiarities of real estate and property law. Therefore, these lawyers are best suited for legal matters related to real estate and property.
Importantly, property law is filled with legal jargon that can be confusing for people with little knowledge of this field. Thus, a property lawyer can help people understand the terms and conditions of contracts. Clients should consider these things before they hire property lawyers in Sydney:
- Deciding what type of property lawyer will be suitable for their situation
- Consulting with a property lawyer
- Asking significant questions related to their legal matter
- Meeting with more than one property lawyer to see who fits best for their legal matter
- Gauging their experience in property law
- Checking their reviews from previous clients
- Being open and honest about their legal matter for the lawyer’s assessment
JB Solicitors’ Property Lawyers
A qualified property lawyer will be able to provide assessments to their clients in terms they can understand. JB Solicitors’ property lawyers can advise clients on how they can deal with their situation in the best way possible. Accordingly, this will prevent clients from going through the stress and difficulty because their property matters.
Hiring our experienced lawyers can help you protect the best interests in your property matters. Purchasing or selling property can go a long way for clients. Therefore, our fixed fee services can help you with your financial expenses.
Contact our property lawyers in Sydney today