Property law forms a large part of this practice and involves various sub-sets, the most significant and common being the law in relation to dealings with Land, ie., Real Property, everything else being Personal Property. Closely related to this is the concept of Equity which is often applied to the Law in determining Property Rights.

Land Law:

Land Law typically effects people who are purchasing or selling land. Apart from Conveyancing, this firm has significant experience in dealing with all matters arising in relation to land, eg.,:-

  • Leasing – Commercial and Residential. This area is also significant in relation to the sale and transfer of Business interests;
  • Planning and Sub-divisions, and other Developments in relation to land; VCAT submissions in relation to same;
  • Easements, Covenants and Rights of Carriageway;
  • Roads;
  • Other land uses such as rents, Share Farming, Agistment;
  • Other Interests in land, typically pursuant to a Sale, an Equitable entitlement, a Notional interest, a Lease, or a Charge over the Land whereby the interest may be registered, eg., by a Caveat.

Personal Property, being a state of affairs in which ownership subsists in matters otherwise than in relation to Land, is recognised in Law in a variety of familiar areas including:

  • Intellectual Property – Trade Marks, Copyright, Patents. These latter two areas being of particular interest to this firm, David Joseph having lectured on Copyright and written a manual in relation to the drafting and preparation of Patent specifications;
  • Intangible property such as Debts owed or Notional interests;
  • Chattels, typically valuables such as Vehicles, Jewellery, Art works etc;
  • Stock;
  • Shares and Negotiable instruments;
  • Business and Partnership interests;

The foregoing matters invite the possibility of considerable intervention by the Law, for example:-

  • Debts owed can invite a right of action on the part of the creditor to sue and this firm has wide experience in this area, from making simple demands for payment, to obtaining relief in the Supreme Court for the right to possess and sell real estate, and/or to Bankruptcy or Companty wind-ups.
  • Business interests of course can be transferred either by sale or assignment (eg., in the context of a Partnership) and most aspects of these transactions are governed by a multiplicity of statutes.

In relation to Business transaction, typically a business is sold in connexion with the transfer of the interest in Land being the premises at which the business is conducted, usually the Lease, but not uncommonly the Freehold.

The sale or purchase of a Business can often be fraught with difficulty and the job of the solicitor is often keeping the deal from running off the rails, so to speak. Rarely are these transaction without some level of incident. Our job is to be aware of the pitfalls and to plan effectively. This firm has extensive experience in transfers of this nature, particularly in relation to licenced premises, such as Hotels.

As will be appreciated from the discussions in relation to the other areas of the Law, Property interest are usually inextricably related to each of these other separately identifiable fields.