Property and Leasing

At TNS Lawyers, we have a deep understanding of the Australian property market. We have extensive experience enforcing both real and personal property rights, as well as resolving property disputes and litigation.

Property transaction involve a significant financial commitment so you have to ensure that everything is done correctly. With property law in Australia being heavily regulated, you can expect every transaction has financial and tax implications.

For this reason, TNS Lawyers works with clients in a collaborative way to make sure that the transaction runs smoothly. Our property lawyers are skilled at guiding clients through a wide range of buying and selling, development, and leasing transactions.

In this way, we can offer you a fully integrated service covering property development, acquisition and disposal, management, and leasing.

When working on a property transaction, our focus is on developing a strategic partnership with you. This way, we can provide tailored commercial advice at each stage of your property project or investment. Rest assured that we will keep you informed at every stage in the whole process.

With an efficient and professional conveyancing service, TNS Lawyers can take out the stress in any property transaction.

What Do Property Lawyers Do

Our Melbourne property lawyers assist clients with:
  • Acquisition and disposal of residential, commercial, and industrial properties

    Our property lawyers are fluent in transactions in Victoria, NSW, and QLD and do hundreds and hundreds of them each year.
    We take it from start to finish and advise on issues in relation to: the contract of sale and disclosure statement (in Victoria, we refer to this as a Section 32); foreign purchasers and FIRB application; and leases and transfer of leases amongst a few things.

  • Preparation of complex real estate contracts

    Contracts do more than just define the selling price and the property being sold or bought.
    Our property lawyers can draft, negotiate, and execute development agreements, contracts of sales for developments and subdivisions, mortgaged loan agreements, large commercial property contracts e.g. shopping centres, city high-rises, and more!

  • Development projects

    Property development is a lucrative industry, but it is also highly regulated. Keep your development projects on point and on schedule by meeting all the legal requirements set out by local, state, and federal authorities. We can help you identify and proactively resolve any issues that could delay progress or ultimately stop your project.
    We can assist with building contracts, subdivisions, development contracts and contracts of sale, and master agent agreements.

  • Leasing of retail, commercial, and industrial properties

    Our lawyers deal with leasing issues and disputes acting for both landlords and tenants.

  • Enforcement of securities

    We assist creditors in enforcing securities or collecting debt over collaterals, priority of security disputes, Hopkinson v Rolt rule (and rule against tacking), PPSR issues, and encumbrance issues such as mortgages, power of sale, caveats (and removal of caveats), charges, etc.

  • Conveyancing

    Working closely with estate agents and mortgage brokers, we efficiently deal with conveyancing matters in relation to residential purchase and sales, transfers of properties, conducting due diligence into property, off-the-plan purchase and sale of properties, vacant land purchase or sale, unit, townhouses, or apartment purchase and sale, foreign purchase of real estate, etc.

  • Issues relating to the Personal Property Securities Register (PPSR)

    The Personal Properties Securities Act 2009 (PPSA) has changed the way security interests in personal property assets are regulated. Our property lawyers provide practical solutions on issues concerning lodging and discharging security interests on the PPSR, priority disputes, and perfecting security.

  • Disputes on the sale and purchase of property

    Our property dispute lawyers can assess your circumstances and give advice in relation to enforcing contracts and specific performance, default notice, rescissions, termination, and also reputation of contracts.

  • Preparation of security documentation

    Whether it be security taking in the form of a mortgage, caveat or PPSR, we can assist in the preparation of the documentation behind the security to best secure your interest whether it be through loan documentations, general security agreements, bailment agreements, guarantee and indemnities, etc.

If you need legal advice on a property or leasing issue, please call us on +61 3 9052 3214 or email us at info@tnslawyers.com.au

Frequently asked questions about property and leasing

Yes, if you want to make sure you’re understanding what you’re signing, it’s best to get advice in relation to your contract. A property lawyer who is familiar with the transaction and the industry you’re entering into can identify terms that you can renegotiate for better profitability or protection.

During a conveyancing transaction in relation to a purchase or sale, a property lawyer is able to assist you in the preparation of the documents (contract of sale and disclosure statement) and negotiate in relation to the clauses contained in the contract to best protect you.

The lawyer can also conduct searches prior to double-check if there are registered caveats, easements, covenants, and/or mortgages affecting the property. Once all is clear, the property can be transferred to its new owner.

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Why Choose TNS Lawyers

We specialise

We only do what we do best. We don’t dabble in areas that we don’t practice in every day.

We care about results

We are results-driven. People say you should focus on the journey but we disagree. We focus on the results we get for our clients.

We personalise

Ever wonder what it’s like being able to “phone a friend” and that friend happens to be your lawyer? We make sure you have a good experience with us every step of the way.

Our Services

We provide specialist legal services in a range of areas