A property lawyer focuses on the laws that govern real and personal property, from land to buildings. This is an important area of law because it deals with a range of issues that can impact your life, including home ownership, settling a property dispute and managing an estate after death.
The role of a property lawyer is to provide legal advice and support to clients who are buying, selling or renting properties. They also help clients negotiate property contracts and draft leases for commercial premises, among other things.
Generally, a property lawyer’s work is transactional-based, but they can often also represent clients in court when issues arise. This means that they need to be familiar with a wide range of legal issues, including the rules on buying and selling property, subdividing land and transferring titles, as well as council and building restrictions and tax implications.
When you buy a piece of property, it is essential to conduct a title search to ensure that you are purchasing legally clear land. This will involve checking the title documents to see if there is any encumbrance such as a mortgage or other financial lien. Having this information will save you from having to deal with a property title issue down the line, which can lead to expensive fees and complications.
Some property lawyers specialise in specific areas, such as drafting commercial leases or dealing with the law of trusts. They also assist in resolving property issues such as boundary disputes and co-ownership conflicts.
You can become a property lawyer by obtaining a relevant bachelor degree and then completing a postgraduate qualification. This can be a good way to progress or switch career paths, although it may require a longer training period.
Property lawyers can work at large firms or smaller ones and typically have long-term relationships with their clients. They are usually available to speak over the phone and answer any questions that clients have.
They also help prepare legal documentation such as purchase and sale agreements, letting contracts and wills. They are able to negotiate the best terms for their clients and ensure that the documentation is legal.
Choosing a property lawyer is important because they will be able to ensure that you are protected throughout the process of purchasing or selling your property. This is particularly important if you are going through a difficult situation or if you have concerns about the legal status of the property.
The most common reason for hiring a property lawyer is to resolve a property dispute or issue. They can help you determine whether you have grounds to file a lawsuit in relation to your situation and advise you on the best course of action.
Boundary disputes are another common type of property dispute, which can occur when neighbours disagree on where the boundaries of their properties lie. These disputes can often be resolved by a licensed surveyor who will be able to accurately determine the location of both sides’ boundaries and make recommendations to settle the matter.