Property Law in Australia regulates the rights, interests and responsibilities of individuals in relation to real property (land) and personal (other) property. This overview predominantly concerns real property (land).

Having property rights in relation to a 'thing' (land or personal property) generally refers to having:

• the right to use or enjoy the property;
• the right to exclude others from use or enjoyment of the property; and
• the right to alienate (deal with or dispose of) the property.

Property law in Australia is not unified. Each state and territory has its own laws regulating property rights although the law across Australia is substantially the same and based on Torrens principles. The Torrens system is a system of managing land title by registration. The register of titles maintained by each state or territory is guaranteed to reflect the correct status of land. This system of title by registration removes the need to trace back ownership of land through complicated documentation.

Australian property law also addresses issues concerning:

• covenants;
• easements;
• fee simple estates;
• equitable interests;
• caveats;
• concurrent ownership;
• leases;
• mortgages; and
• bailment.

This Legal Guide on Property Law gives a general overview of the law in Australia. Although this guide is based on the legal position in NSW the laws of most other states and territories are similar. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you who specialises in property law.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.