Protecting property interests 
when disputes arise.

An encroachment may be addressed by negotiation, a fencing process where the dispute concerns a dividing fence, or court proceedings seeking declarations, removal, compensation or other relief. The appropriate path depends on the title, survey evidence, history of possession and the nature of the structure.

Rescission rights are strictly limited. A buyer may have grounds to rescind if the vendor's statement under Sale of Land Act 1962 (Vic) s 32 contained a material defect or false representation. Outside of those specific grounds, withdrawing from a signed contract typically results in forfeiture of the deposit and liability for the vendor's losses.

A caveat is a statutory notice that prevents dealings with a title, such as the sale or mortgaging of the property, without your consent. It should be lodged where you have a legitimate caveatable interest, for example under a contract of sale or a resulting trust. Wrongly lodging a caveat can result in liability to the registered proprietor.

The Retail Leases Act 2003 (Vic) applies where the statutory definition of retail premises is met and no exclusion applies. It creates protections concerning disclosure, rent reviews, outgoings, demolition and assignment that can operate despite the lease wording. Most disputes under the Act proceed through the Victorian Small Business Commission before VCAT's Property practice area.

Under the Fences Act 1968 (Vic), adjoining owners generally contribute equally to a sufficient dividing fence. An owner seeking a higher standard may have to meet the additional cost. The process usually starts with a fencing notice; if agreement cannot be reached, the Magistrates' Court can determine the works and contribution.

A person claiming adverse possession in Victoria generally needs evidence of at least 15 years' exclusive possession, subject to land and claimant exclusions. These claims often arise from long-standing fencing misalignments. Evidence about occupation, fencing, maintenance and use is critical whether the claim is asserted or resisted.

Most disputes over common property, maintenance, special levies or rule enforcement should first go through the owners corporation's internal dispute-resolution process. Unresolved matters can proceed to VCAT's Property practice area, which can make binding orders where it has jurisdiction. We act for lot owners and owners corporations on decisions, levies and common-property repair disputes.

An easement, such as a carriageway or drainage easement, creates enforceable property rights. If a servient owner obstructs a right of way, or an easement is used beyond its scope, court remedies may include an injunction, declaration or damages. Other disputes concern implied or prescriptive easements and applications to remove or vary obsolete easements.

Sometimes. A caveat, injunction or urgent court application may be available where there is a proper legal or equitable interest to protect. The evidence and timing are critical, and wrongly taking protective steps can expose a party to compensation or costs.

Bring the contract, title search, plan of subdivision, survey, lease, owners corporation records, notices, photographs and correspondence. A clear chronology of key dates helps identify limitation issues, urgent remedies and the most practical path to resolution.