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Property

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We have experience in acting on nearly all types of property law related matters, particularly in relation to property sale disputes, lease disputes, mortgage or guarantee disputes, planning application reviews, strata title disputes, and caveats (including the retention or removal of caveats). Our clients include listed and private companies and individuals.

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Property Sales and Purchases

We advise clients on the sale and purchase of most types of residential and commercial property.

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Co-ownership Disputes

We can resolve property-related disputes between two or more joint owners of a property (commonly referred to as "joint tenants" or "tenants in common") by seeking court orders on behalf of our clients to have their 'beneficial' interest reflected on the title deed (to the extent of their rightful ownership). At that point, our clients can decide whether or not they'd like to remain as a co-owner or sell their ownership interest to another co-owner or third party.

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Commercial and Retail Leasing

Our extensive leasing experience and detailed understanding of retail shops legislation in WA allows us to provide our clients with a high level of expertise and comprehensive advice.

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Caveats

We advise clients on whether or not they can lodge or remove a caveat over their property. We take our clients through all of their options in removing a caveat, so that they can make an informed decision about the appropriate action to take.

If you have previously lodged a caveat and have received a 21-day notice from Landgate, your caveat will automatically lapse unless an urgent application is made to the Supreme Court to extend the caveat. Call us now to assist you with this application. 

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Mortgage Disputes

Where mortgagors default on their mortgage repayments, we advise mortgagees on initiating possession or sale proceedings. The services we provide include:

  • Issuing statutory notices for mortgage defaults
  • Initiating proceedings for possession in the Supreme Court
  • Advising on potential mortgagee sales that are likely to result in a recovery shortfall
  • Acting on the sales of secured properties
  • Acting on the discharge of mortgages
  • Providing court representation in relation to mortgage recovery actions.

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Strata Title Disputes

We have extensive experience in resolving strata title disputes, typically in relation to town-houses and home units.

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Contact Us

To discuss a property-related enquiry with one of our solicitors, please contact our firm on (08) 9221 8337 or enquiry@irwinlegal.com.au.