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Property law

Information about conveyancing, ownership of property, easements, covenants and caveats.

  • This topic covers

    • conveyancing, deposits and real estate agents
    • ownership of property
    • easements
    • covenants
    • caveats.

    Property law can be complex. You ​​should get legal advice. A lawyer or licensed conveyancer will need to look over documents in relation to property law issue, such as the contract for sale, title documents, plans, diagrams and surveys.

Time limitAction
6 yearsYou have six years to make a claim for a breach of contract, negligence or civil trespass.

Organisations

OrganisationResponsibilities
NSW Civil and Administrative Tribunal (NCAT)The NSW Civil and Administrative Tribunal (NCAT) can hear claims against real estate agents or conveyancers where it relates to fees or provision of services.
NSW Land and Environment CourtThe Land and Environment Court can hear certain appeals about Local Council decisions.
NSW Supreme Court

Property disputes are usually heard in the Supreme Court of NSW. In limited circumstances, when the value of the dispute is less than $20,000, the District Court of NSW can hear a property dispute. 

Some property law claims may be heard in the Equity Division of the Supreme Court.

Common term

Definition

Caveat​​

A notice recorded with NSW Land Registry Services that aims to protect a person's interest in property. A caveat usually prevents registration of any other dealing with that property unless consent is given by the person who lodges the caveat (the caveator).

Conveyancing

The transaction of buying or selling property.

Covenants

A promise between owners of neighbouring land which is registered on the title to each neighbour's property. 

A covenant can be a promise by an owner to do something (positive covenant) or a promise by the owner not to do something (restrictive covenant).

Crown leasehold

A long-term lease (often 99 years) which is given by the Crown.

Easements

A right relating to the use of a property, which is registered on the title to the affected properties. Examples include an easement registered on two properties that are semi-detached for the common wall, or an easement to allow water or power across a property.

Joint tenants

A form of property ownership where:

  • each owner has an equal share in the property
  • each owner can't sell the property without the other owner's agreement
  • the share of an owner that dies, will automatically pass to the surviving owners (it does not form part of the estate of the deceased owner).

​Off the plan contract

A contract for the sale of a residential lot that has not been created at the time the contract is entered into. 

Old System Title

The method of property ownership used before Torrens Title was established. Old System Title is where title to property is established by a series of transactions or events in relation to the property. Proof of ownership is established by looking at an unbroken chain of events in relation to transactions involving the property.

Tenants in common

A form of property ownership where:

  • each owner has a share in the property (which is not necessarily equal)
  • an owner can sell their share of the property without the other owner's permission
  • each owner's share of the property will be part of their estate when they die (meaning they can leave their share to whoever they want as part of their will).

Torrens Title

The system of registration of title to land used in NSW. The register is maintained by NSW Land Registry Services.

 

OrganisationFee
NSW Land Registry ServicesLRS charges fees for products and services involving land titles, plans, property information and the Water Access Licence Register. See How to pay fees.

OrganisationForms
NSW Land Registry ServicesYou will need to see a lawyer or a conveyancer to prepare and lodge a dealing at NSW Land Registry Services. NSW LRS does not accept paper lodgments. A lawyer or a conveyancer can do this through an Electronic Lodgment Network (ELN).

TypeCosts
Legal costsIf you are involved in court action and lose your case, you may have to pay the other party's legal costs. If you win, you may be able to claim costs.

Frequently Asked Questions

Property law FAQs

Frequently Asked Questions about property law.

More services

Law Society Solicitor Referral

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Last updated: December 2024