Leasing and Property Law Perth
Whether you are buying or selling a residential or commercial property, leasing a residential or commercial property, or considering a subdivision of your land, our Perth property lawyers can assist with the negotiation and preparation of all the necessary documents, including the preparation and review of mortgages and security documents. We also provide expert legal advice where required.
We understand that there are many legal issues and risks to consider when it comes to property and leasing. That’s why Lewis Kitson Lawyers take a commercial and pragmatic approach to assist our clients with all their property law needs. Our skilled Perth property lawyers are committed to providing easy to understand professional advice, to get you the best outcome.
Perth’s experienced property law and commercial leasing lawyers
Our experienced Perth property lawyers have legal expertise in a wide array of property law matters and at all levels of complexity, including commercial, retail commercial, farming, and residential leasing agreements.
We also regularly advise on residential leasing matters, commercial tenancies, building and construction development projects, including subdivisions and the development and management of strata title properties.
If you are in a dispute with your landlord or tenant, our property lawyers can also assist with dispute resolution in all aspects of leasing and property disputes, including termination notices, default notices, and possession orders.
Please contact our friendly Perth property lawyers to discuss how our legal services can assist you with your specific legal issues.
Property law advice for commercial, retail commercial, farming, and residential lease agreements
A lease is a contractual agreement between a landlord and tenant, setting out the terms and conditions of the tenancy at a property. These agreements can also include a guarantor. A guarantor is someone who agrees to be responsible for paying the rent and costs under the agreement if the tenant can’t meet those obligations.
Lewis Kitson Lawyers have extensive experience in a broad range of property matters, including negotiating and preparing leases for commercial, retail commercial, farming, and residential property, as well as advising landlord, tenant, and guarantor clients on the law relating to leases and the terms and conditions of the agreement in question. We can also assist with preparing leases, negotiating and advising on extensions of lease, variations of lease, surrenders of lease, and assignment of lease agreements.
Our professional team also advise property investors, property managers, strata property managers, property developers, landlords, tenants, and guarantors on their rights and obligations under a lease agreement. For more information on our commercial tenancy and residential leasing legal services or to speak with one of our Perth property lawyers, please get in touch today.
Legal advice for extensions, variations, surrenders, and assignments of lease
If you need to extend, vary, surrender, or assign your lease, we can assist you with all aspects of the process, including negotiating with your landlord or tenant, drafting the necessary legal documents, and ensuring that all legal requirements are met.
Lewis Kitson lawyers can help you with the process and management of your lease including drafting, negotiating, and reviewing the terms of any lease agreement, enforcing the terms and conditions of any commercial tenancy, lease agreement and property management agreements, as well as representing clients in lease disputes.
Property law advice for mortgages
We know that your mortgage is one of the most important financial decisions you will make in your life.
Our team of experienced Perth property lawyers provide legal services and advice in relation to the preparation of mortgages, including the preparation of alternate security documents (such as caveats) and the registration of mortgages and other secured interests over property. We also have expertise in the preparation of security documents such as guarantees and debentures.
Lewis Kitson Lawyers can provide you with legal services, advice and the best possible outcome for all your property matters.
Legal advice on adverse possession
Adverse possession is a legal principle that allows a person to claim ownership of land that they have been occupying for a period of time, even if they do not have the legal title to the land.
To proceed with an adverse possession claim, the occupier must show, among other things, that they have been in continuous and uninterrupted possession of the land for a designated period of time. If someone makes an adverse possession claim on your property, or if you wish to make an adverse possession claim, it is important to get legal advice as soon as possible as these matters are complex.
Our team of Perth property lawyers can help you navigate this complex process if you wish to make an adverse possession claim or protect your rights to your land if you find your land is the subject of an adverse possession claim.
Caveats on property
In Western Australia, a notice called a caveat is lodged with Landgate to notify other people that you have an interest in a particular property. A caveat is registered on the title of property by anyone who has a caveatable interest in the land. There are many types of caveatable interests and the person who registers the caveat is known as the caveator.
The word caveat means ‘beware’ and a caveat in relation to property is a legal document that is registered against the title of a property to prevent the owner from dealing with the subject property and to alert anyone else seeking to deal with the subject property that the caveator has a priority interest and that the property cannot be dealt with without first addressing the interests of the caveator.
Caveats are usually used to protect someone’s interest in a property while a legal dispute is ongoing, or a resolution is outstanding. Lewis Kitson Lawyers can help you prepare, lodge and register a caveat if you want to protect your interest in a property as, for example, you may be concerned that someone may try to sell or mortgage the property without you knowing.
Property and land easements
An easement is a legal right that allows one party to use the land of another for a specific purpose. For example, an easement might allow a utility company to access someone’s property to install pipes or to put up power lines.
Our experienced team of Perth property lawyers can advise you on your rights and obligations under an easement, and help you prepare, register, negotiate or enforce an easement agreement.
Restrictive covenants in property law
Restrictive covenants are agreements between two or more parties that restrict the use of land in some way. Restrictive covenants can be created by deed, contract or wills and estates, and are usually registered and recorded on the title of a property.
For example, a restrictive covenant might prohibit someone from building a swimming pool on their property.
Our team of Perth property lawyers can advise you on the implications of a restrictive covenant, and help you prepare, register, negotiate or enforce a restrictive covenant agreement.
Property and lease disputes
Disputes between landlords and tenants (and, where included, guarantors) can arise for a number of reasons, including issues such as allegations of default or breach of the terms of the subject lease agreement, rental or outgoing arrears, or damage to property. Disputes can also arise between landlords and tenants over the interpretation of the terms of the lease agreement or can occur due to problems with the condition or deterioration of the property.
If you have a leasing or property dispute, it’s important to get legal advice as soon as possible so that you can understand your rights and options.
Our property solicitors at Lewis Kitson Lawyers have extensive experience in resolving leasing and property disputes and can provide representation and professional advice on all aspects of property and leasing law. If you are involved in a leasing dispute or litigation, contact us to see how our Perth property lawyers can help.
Lease termination notices
A termination notice is a notice given by a party to a lease agreement, informing the other party that they will no longer be bound by the agreement.
Termination notices are legal documents that state that a lease has been terminated. Termination notices can be issued by either the landlord or the tenant and must be served in accordance with the provisions of the lease agreement.
If you have received a termination notice, it is important to seek legal advice as soon as possible, as you may have grounds to challenge the notice.
Equally, if you are considering issuing a termination notice, you must proceed carefully so as to limit and prevent any possible dispute related to the notice. It is therefore important to seek legal advice before issuing such a notice.
Default notices on property and leases
A default notice is a notice given by a party to a lease agreement, informing the other party that they are in breach of the agreement. In property leasing, a default notice is a notice that is given to a tenant by a landlord who has failed to comply with their obligations under a lease agreement.
Default notices can be issued for a broad range of reasons, including failure to pay rent, damage to property, or noisy behaviour. If you’ve received a default notice, it’s important to seek legal advice as soon as possible, as you may have grounds to challenge the notice.
Equally, if you are considering issuing a default notice, you must proceed carefully so as to limit and prevent any possible dispute related to the notice. It is therefore important to seek legal advice before issuing such a notice.
Subdivision is the process of dividing a piece of land into two or several smaller pieces. It involves creating new boundaries and titles for the new pieces of land, and usually requires the approval of a local council. The process of subdividing land is governed by the Western Australian Planning Commission (WAPC) under the Planning and Development Act 2005.
If you’re considering subdividing your property, it’s important to seek legal advice first. Lewis Kitson Lawyers have extensive experience in property law matters and can help you through the subdivision process from start to finish. We can also help you negotiate with councils and other authorities, and make sure all the necessary paperwork is prepared and submitted correctly.
For more information about property law in Perth, please contact Lewis Kitson Lawyers today. We would be happy to answer any of your questions.
Common FAQs for Commercial Property Lawyers Perth
While it is not legally required to have a lawyer when selling property, engaging a property lawyer can ensure that any potential legal issues are addressed and resolved before settlement.
Leasing your property while a caveat is in place may be possible but depends on the specific situation. You should discuss this with your lawyer to get an accurate understanding of your rights and obligations.
Commercial property law covers property transactions involving buildings or land that are used for business purposes, while residential property law covers property transactions involving dwellings that are used for living purposes.
It is not required that you have a lawyer to prepare, negotiate, advise, or register a commercial lease; however, it is highly recommended. Having a commercial leasing lawyer ensures that you fully understand the terms of your lease and can assist with the protection of your interests in the event of a dispute.
A property lawyer is a qualified legal professional who has expertise in property law matters. A conveyancer is a professional who assists in the transfer of ownership of real estate. Conveyancers are not required to be licensed or qualified lawyers.
All information on this site is for general information only, and does not constitute specific legal advice. Please consult one of our experienced legal team for specific advice relevant to your situation.