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Property

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 12 Jul 2015

P2. How a Lawyer Can Helproperty rights and property law constitutes an important part of everyday life. Everybody should understand the laws that protect and regulate individual property rights, its use and its disposal.

There are many ways a lawyer can help you obtain, maintain and protect your rights over property. Seeking advice at the right time can prevent a situation from escalating into a long and costly legal battle.

In the beginning a lawyer can provide advice regarding the purchase and sale of real property (land). This can be done by:

  • ensuring that the fee simple estate is transferred on completion of a purchase and sale transaction; and
  • explaining any rights or obligations associated with the property such as the existence of any easements, covenants or caveats.

A lawyer can also help you manage any disputes that arise after you have purchased property such as where you are experiencing problems with the use and enjoyment of your land. The most common disputes that arise after the purchase of property include issues with the use of easements, compliance with any covenants and encroachment on your property.

A specialist property lawyer can assist you with managing disputes regarding use, access or rights to personal property. In particular a lawyer can help you to understand your legal rights and obligations and recommend the most appropriate methods of regaining access to your personal property if someone takes your belongings from you. They can also help you to defend claims of unlawful access to another individual's property.  

A lawyer can assist you with any issues relating to bailment. Bailment occurs where physical possession of personal property is transferred from one person to another but the title to property remains with the original possessor. An example of bailment is where a belonging is given to another person for safekeeping rather than with an intention to transfer ownership. Laws regarding bailment can be complex and it is strongly recommended that you seek expert advice.  

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