Property law for Gold Coast and Queensland matters.

Conveyancing is the transaction: contract to exchange to settlement. Property law is what happens before, during and after that, when something is not straightforward. Subdivision, easement creation, a rescission dispute, a contested deposit, a boundary problem discovered after keys are handed over, a co-owner who changes their mind. Most matters start as one and move into the other.

The conveyancing page at /services-conveyancing/ covers the transaction work. This page covers everything else.

To lodge a caveat, you need a caveatable interest in the land: a contract of sale, an unregistered mortgage, an equitable claim, or similar. The caveat is filed with Titles Queensland and prevents most dealings with the title until it is removed or lapses.

To remove a caveat, the caveator can withdraw voluntarily, or the registered owner can serve a lapsing notice under the Land Title Act 1994 (Qld). Once served, the caveator has a short window to commence court proceedings to maintain it; if they do not, the caveat lapses. The Supreme Court can also order removal where the interest is unsubstantiated. Fraser Lawyers acts on both sides.

It depends on what was built and where. A fence or retaining wall in the wrong place is dealt with under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), with QCAT as the forum if the parties cannot agree.

A building that physically encroaches across a title boundary is more involved. Under s 185 of the Property Law Act 2023 (Qld), the Supreme Court can order removal of the encroaching structure, payment of compensation to the affected owner, or transfer of the encroached land to the encroacher. The realistic option depends on the age of the encroachment, the size and nature of the structure, and what the title actually shows.

Yes, in most cases. Under the Property Law Act 2023 (Qld), any co-owner can apply to the Supreme Court for a statutory trust for sale or partition. The Court has wide discretion: it can order the property sold, the land physically divided, or compensation paid in lieu of division. It rarely refuses an application entirely.

In practice, the application is usually the instrument that breaks a deadlock. Once the other co-owner understands that a court-ordered sale at whatever the market will pay is the alternative, negotiations tend to progress. Fraser Lawyers acts on these applications and on the negotiations that precede them.

Disputes within a community-title scheme do not go straight to court. The first step is the Commissioner for Body Corporate and Community Management, whose office handles by-law disputes, contribution disputes, common-property questions, and challenges to decisions made at general meetings. The process is adjudicated rather than litigated, but it still requires a properly framed application and supporting material.

If the Commissioner’s decision is unsatisfactory, an appeal lies to QCAT. Fraser Lawyers acts at both levels, and in the negotiations that sometimes resolve matters before either forum is needed.

The fee for the initial consultation is confirmed when you book. If Fraser Lawyers agrees to act, the firm provides a written costs disclosure before any work begins, as required by the Legal Profession Act 2007 (Qld). The disclosure sets out the estimate, the basis on which fees are calculated, and any expected disbursements.

Property disputes vary significantly in scope. Some are resolved quickly through correspondence. Others require court proceedings. The initial consultation is the right place to form a realistic view of what the matter involves.