Real Estate Law

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Boundary Disputes

Boundary disputes have the potential to develop into more serious disputes and may trigger significant liability or costs.

Commercial Leases

From drafting leases to resolving disputes our business lawyers are experts in commercial lease agreements.

We can help you with your real estate needs

Forge Legal’s lawyers are specialists in all areas of real estate and property law and can assist you with all real estate related legal matters.

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Frequently asked questions

You might be able to cut your neighbour’s tree branch back to your property’s boundary line, however you should ask their permission first as they may offer to cut the branch themselves. By asking your neighbour first, this reduces the likelihood of a dispute occurring if they find out you have taken matters into your own hands before raising it with them. If you have decided to cut the branch yourself, ensure the tree is not subject to a preservation order, ensure you have accurately determined where your boundary line is, and give your neighbour the branch or dispose of it with their consent.
If your neighbour has accused you of encroaching on their land, there are steps you can take to resolve the issue and avoid a bad altercation. You should firstly speak with your neighbour and listen to their concerns about the encroachment onto their property. It might then be helpful to have a surveyor discern where each of your boundaries are and map them accurately. These steps are helpful in clearing up any confusion so you and your neighbour are both aware of where your land begins and ends.
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 does not apply to disputes around all types of fences. The laws do not apply to fences around pools, state plantation forests, cropping land larger than half a hectare or any unallocated state lands.
commercial property. This may include office space, retail space or industrial property.
Once you have signed your contract, it becomes legally binding and the sale of the property will proceed. After the settlement has been carried out by the buyer and the seller, and the cooling period has finished, the sale must go ahead.
If you are the seller of the commercial property, once settlement is complete, the money received from the sale of the property will be placed into your account. Your legal representative will notify you when the change of ownership has occurred. The bank will give you a breakdown of your loan payments, interest and penalties which needed to be paid to finalise your mortgage debt.
Some people choose to take on the residential conveyancing process themselves, however it would be in your best interests to seek legal assistance to help you navigate the process. Lawyers and solicitors understand all of the legal requirements to buy and sell a house, and they can take on the more complicated matters such as negotiations with government entities or ensuring documentation is properly signed.
Issues may arise in any type of legal process, which is why it is important to have a legal representative during the residential conveyancing process, as they will be well equipped to handle any issues that arise. The issues that may occur on settlement day could relate to lack of communication, inability to make the selected appointment, documents that are missing or bank errors.
Given that commercial leases can span at least 30 pages in length, it is important to allow sufficient time to fully consider the lease’s contents and to obtain legal advice before you commit. You may also be able to negotiate the terms of a lease if you are not satisfied with the proposed terms.
Depending on the terms of a lease, a landlord may be able to recover financial damages or compensation if a lease is breached, such as outstanding rent, any future loss of rent, costs incurred due to the breach such as legal fees and any unpaid interest on outstanding rent.

Our award-winning lawyers

Hayley Kennedy Family Lawyer

Hayley Kennedy

Hayley delivers expert legal advice across all areas of Family Law and Wills and Estates, also providing advice in many areas of Property Law, Civil Disputes and Criminal Law.

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Tracey McMillan

Tracey is direct and strategic but compassionate. Tracey goes the extra mile and genuinely takes each of her matters to heart, treating them as if she were representing her own family.

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Cameron is a passionate family lawyer and gets great satisfaction from assisting his clients through and after separation. He also practices in domestic violence, criminal and traffic law.

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