Property Law

Property Law

MMH Lawyers have a wealth of experience in representing landowners, purchasers and vendors, mortgagees, developers and other parties in land transactions.

There are various issues which might affect a property including encroachment, easements, covenants, subdivisions, mortgages, caveats and building disputes. MMH Lawyers are experienced lawyers who will assist clients develop a strategic approach to their property issues and provide clients with comprehensive advice on their matters.

Young man is signing financial contract with real estate agent at selling office.

We have experience in a broad range of property and land matters including the following:

Spouse Transfers

Whether it be a transfer between spouses for love and affection or through a breakdown of a relationship we are able to assist clients through the process with dealing with the State Revenue Office and Land Titles Office.

All transfers of land will attract stamp duty unless the transaction is exempt. Spouse transfers are where the property will be used as a principal place of residence a

Conveyancing

MMH Lawyers can assist clients in all types of transactions from purchasing their first home, the purchase and sale of strata property to commercial developments.

Our expertise includes the preparation of relevant documents involving in the sale of the property, providing legal advice during the transaction and assisting with the conveyance and settlement.

Subdivision

We can assist client who wish to subdivide their land into smaller parcels. The Law provides that unless a piece of land has its own Certificate of Title, the land cannot be sold.

The process of subdivision involves the preparation of the Plan of Subdivision by a Surveyor which is then submitted to the Council. The Plan of Subdivision must meet all the requirement of any relevant planning permit and that of responsible Authorities.

MMH Lawyers can advise clients during the process of subdivision and can assist with the lodgment of the certified Plan with the Land Titles Office.

There may be instances where the land is subject to a mortgage and we will liaise with the lender to seek their consent for the title to be made available for Lodgement.

Adverse Possession

Adverse possession allows for the transfer of title where a person other than the registered titleholder has possessed the land or part of the land for some time. In Victoria, in order to adversely possess another party’s land, the possession must be for a minimum period of 15 years.

In order to establish an adverse possession claim, the claimant must prove that they had exclusive and continuous possession of the land and that they had intention to possess the land.

This area of property law is complicated, and it is important to get advice from a lawyer experienced in this area.  

Covenants

Covenants are restrictions on the use of land for example a covenant may restrict that only one (1) single dwelling is constructed on the land at any given time.

MMH Lawyers can assist clients who wishes to develop on a land, but the land is affected by a covenant to modify or remove the covenant. Common means to do so include application for a planning permit or seeking an order from the Supreme Court of Victoria.

Ownership Dispute

Property can be owned as either joint proprietor or tenants in common.

Joint proprietor is where the law of survivorship applies. Upon the death of one joint owner, the property will be passed to the surviving owner through a process know as a survivorship application.

If a property is owned as tenants in common, two or more parties own the property by holding distinct shares which can be equal or unequal. Each individual share can be dealt with on its own. In some circumstances, where a dispute arises through a breakdown of a relation and the parties cannot agree on how the property is to be dealt with, it may be necessary to sever a joint tenancy.

Commercial and Residential Lease

MMH Lawyers can provide advice and assistance to both Landlord and Tenant in a residential or a commercial lease. We have helped many clients in a variety of leasing and licensing matters including residential leasing, retail and commercial lease.

Our firm can also assist on leasing issues involving due diligence, negotiations and lease disputes. We have represented both Landlords and Tenants in various types of lease disputes including but not limited to rent review, payment of rent, outgoings disputes and urgent injunctions to prevent lockouts.

Building law and dispute

MMH Lawyers provide legal advice and representation to property owners, builders, contractors and subcontractors, property developers and tradespeople. Our lawyers have experience in a wide range of building dispute including acting on behalf for and against Owners Corporations and property owners in recovering damages in the Victorian Civil and Administrative Tribunal regarding structural defects and claims against insurance companies.

We can also provide clients with advice regarding their rights and obligations under a Domestic Building Contract. If amendments are required, we can also assist clients with negotiating special conditions to be included in the Contract.

How can we help you?

Get in touch with us or find our office near you