A property lawyer oversees all types of transactions between parties to ensure the rights and interests of their client are protected and represented, whilst also ensuring the legal obligations their client has are complied with to ensure the validity of said transaction. Due to the wide-ranging cases a property lawyer may encounter, either in the context of residential or commercial settings, they are skilled in a variety of different dealings including buying or selling property, leases, off-the-plan contracts, transfers of land, construction, licences and easements. However, this list is not exhaustive.
When a property lawyer is engaged by a client, it is their role to provide advice in relation to the matter, converse with the other party, and ensure the legal documentation required for each different transaction is properly complied with. A property lawyer can draft up a contract and will ensure the transaction complies with any local regulations that may be in place.
Residential property
Residential property is any property that is being used as a dwelling or residence, as per s 66Q of the Conveyancing Act 1919 (NSW). The services of a property lawyer may be acquired in relation to a residential property in terms of buying or selling the property, leases, transfer of land, easements or any other dealings outlined above that meet the definition. These transactions are incredibly common, therefore a property lawyer will have experience with a range of different transactions, so their knowledge is extensive.
Commercial property
Commercial property is any non-residential property that is used to carry out activities or a business for the purpose of making a profit. A commercial property lawyer advises clients on matters including buying or selling of property, leases, licences, and so on. A commercial property lawyer can be engaged to ensure your business is protected as it grows.
A property lawyer can also advise on any other issues that may arise in relation to the land that intersect with other areas of the law. They will work with you to ensure your dealing runs smoothly and that all legalities have been complied with to ensure the validity of the transaction.
