Land and Property Law Disputes

Resolving land and property disputes is a Dalzell Wollerman specialty. We have acted successfully for private homeowners, property investors, landlords, commercial tenants, farmers, businesses and organisations. 

Property law can be complex, leading to drawn-out negotiations and court actions. When you work with us, you can expect pragmatic legal advice and action that looks after your best interests. We know how to step around the pitfalls of property litigation to achieve a desirable outcome in the shortest possible time. 

Settling property disputes of all kinds 

The Dalzell Wollerman property team has extensive experience with both transactional and litigation aspects of the sale and purchase of property, including claims in misrepresentation, contractual mistakes, breaches of vendor warranty provisions, negligence, and misleading and deceptive conduct. We can also assist with matters relating to cross-leases, unit titles, easements, covenants, estates, construction defects, weathertightness issues, contractor/sub-contractor disputes and insurance claims. 

If you’re on the hunt for an effective real estate lawyer or an experienced team that can handle major property litigation or a leaky building claim, we have the expertise and the resources to help. 

Trust and estate litigation 

We have handled several trust and estate litigation claims involving de facto property, rural property, valuations and stock ownership. This specialised area of law touches on family, commercial and personal relationships, so it demands empathy and a carefully-considered plan. With our team on your side, you can feel confident that your pursuit of a resolution will be handled sensitively. 

Recent and Current Cases

  • We have acted, or are acting, in numerous cases of alleged vendor liability for misrepresentation and/or mistake concerning undiscovered weathertightness or other defects affecting residential properties.In 2019, we obtained pre-trial orders for invasive testing of a residential property to discover the fact and extent of alleged weathertightness issues and undisclosed building work after our client purchasers cancelled the sale and purchase agreement.

  • We obtained an injunction in a domestic nuisance claim to stop water leaking from a neighbour’s apartment. After the opponent breached their undertaking to the court, we filed a successful contempt application and the opponent was fined and ordered to complete his undertaking.

  • Advising on application to modify or extinguish covenant under section 317 of the Property Law Act 2007.