Property dispute Lawyers Geelong & Melbourne

Property disputes can be stressful, costly and disruptive, particularly where they affect your home, investment property, business premises or land.  They are a common source of conflict in Victoria and can arise between neighbours, property owners, buyers and sellers, landlords and tenants, builders, business operators and government authorities.  These disputes often involve substantial financial interests and can significantly affect the use, enjoyment and value of property.

Understanding the nature of property disputes, and the options available to resolve them, can help parties manage issues effectively and avoid unnecessary costs.   The term “property disputes” can broadly capture the following disputes (amongst others):

Domestic building disputes

Domestic building disputes, are quite common in Victoria.  As a result, specific forums have authority to hear and resolve disputes concerning domestic building work. For information on domestic building disputes, please refer to our page here.

Adverse possession and boundary disputes

These are disputes between neighbouring landowners and can often arise due to inaccurate or outdated fencing and encroachments by buildings, retaining walls or structures (constructed across the title boundary).  For information on adverse possession and boundary disputes, please refer to our page here.

Co-ownership disputes

Disputes between co-owners of land are heard by VCAT under Part IV of the Property Law Act 1958 (Vic), unless the dispute is in relation to a marriage or de fact relationship.  If the dispute forms part of the breakdown of a marriage or de facto relationship, the dispute may fall within a ‘family law dispute’ and may need to be heard by the courts.

Under Part IV of the Property Law Act 1958 (Vic), VCAT has very wide powers in co-ownership disputes, which includes making orders for:

• the sale of property, which can include a sale of the property to one of the existing co-owners;
• how the property is to be sold (for example, by private sale, auction or otherwise); and
• compensation or reimbursement between co-owners for contributions made to the property during the period of ownership. VCAT sometimes orders an adjustment in the percentage holdings of co-owners to reflect the unequal contributions of the co-owners and sometimes it orders a fixed sum to be paid.  Alternatively, VCAT may (if possible) order that the property be partitioned, so that each co-owner receives a specific part of the property.

Coulter Legal recently acted for a co-owner in Richardson v Foo [2026] VCAT 245 (8 April 2026), whereby the co-owner received (as sought) another co-owner’s share and interest in the property.  The Litigation & Dispute Resolution Department at Coulter Legal can help you by:

• providing you with advice about the rights and obligations of the co-owners, and options to navigate an existing or potential co-ownership dispute;
• assisting you to negotiate a resolution regarding an existing or potential co-ownership dispute; and
• representing you in any VCAT proceeding relating to a co-ownership dispute.

Sale of property disputes

Buying or selling property is often one of the significant financial transactions a person or business will make.  While many property transactions proceed smoothly, disputes can arise before settlement, at settlement, or even after ownership has transferred.  Disputes between a purchaser and vendor may arise as a result of:

• a failure to complete settlement;
• misrepresentations regarding the property, prior to the purchase;
• a failure to disclose specific information regarding the property;
• defects with the property, discovered after the purchase;
• breaches of the Contract of Sale;
• retention or release of the deposit; or
• one party indicating that they do not intend to comply with the contract. In that regard, we refer to our article here.  If you believe that another party cannot comply with a contract for the sale of property, it is important that you seek tailored legal advice before seeking to terminate the contract.

Property transactions in Victoria are governed by the relevant Contract of Sale (which involves contract law), together with various pieces of legislation, including the Sale of Land Act 1962 (Vic).  Depending on the nature of the dispute, the dispute may be heard and determined by VCAT or the courts.  Disputes regarding the sale of land can often be complex, requiring the assistance of a lawyer.  Coulter Legal can help you by:

• providing you with tailored advice about your rights and obligations as a vendor or purchaser;
• assisting you to negotiate a resolution regarding an existing or potential sale of property dispute; and
• representing you in any proceeding relating to a sale of property dispute.

Retail and commercial tenancy disputes

Retail and commercial tenancy disputes between a tenant and landlord can often arise in relation to:

• rent reviews;
• outstanding rent and outgoings;
• repair and maintenance obligations;
• make-good requirements;
• lease renewals and options; and
• alleged breaches of the terms of the lease.

For information on retail and commercial tenancy disputes, please refer to our page here.

Resolving property disputes

Early legal advice can often help identify the strengths and weaknesses of any potential claim and may assist parties to resolve disputes before significant costs are incurred.  Not all property disputes need to be decided by a court or tribunal.

Because property disputes can have substantial financial and personal consequences, obtaining legal advice at an early stage is often the most effective way to understand available options and protect your interests.

If you are involved in a property dispute, Coulter Legal’s Litigation & Dispute Resolution team can help you understand your obligations and take practical steps to protect your position.