Property Law in Melbourne

Whether you are buying your first home, selling an investment property, or managing a complex land transaction, understanding property law is essential. In Melbourne—and across Victoria—property law governs the ownership, use, sale, and development of real estate. These laws ensure that transactions are legally valid, titles are properly transferred, and all parties’ rights are protected.

At our Melbourne-based law firm, we assist clients with a wide range of property matters, from residential purchases to large-scale commercial developments. Here is a general overview of how property law operates in Victoria.

Buying or Selling Property

In Victoria, property transactions are governed by the Sale of Land Act 1962 and the Transfer of Land Act 1958. Whether you are buying or selling, you must comply with specific legal requirements, including:

• Contract of Sale: This legally binding document outlines the terms of the transaction, including the price, deposit, settlement date, and any conditions (such as finance or building inspection).

• Section 32 Statement (Vendor Statement): The seller must provide this disclosure document, which contains important information about the property, such as zoning, title details, mortgages, covenants, and rates.

• Conveyancing Process: This is the legal procedure of transferring ownership. It includes conducting title searches, reviewing documents, lodging forms with Land Use Victoria, and ensuring that settlement occurs smoothly.

Having a lawyer or licensed conveyancer review your documents is essential to avoid costly mistakes or legal disputes.

Property Ownership and Title Issues

Property in Victoria is typically held under the Torrens Title system, meaning ownership is registered with the government. The title document proves legal ownership and shows any encumbrances (like mortgages or easements).

Common forms of ownership include:

• Sole ownership

• Joint tenants (equal ownership with rights of survivorship)

• Tenants in common (ownership in specified shares)

Disputes sometimes arise regarding co-ownership, boundaries, or interests in land. In such cases, we help clients resolve these matters through negotiation or legal proceedings where necessary.

Property Development and Subdivision

Property law also plays a crucial role in development and subdivision projects. Whether you're a developer planning to subdivide land or build multiple dwellings, compliance with local planning schemes and building regulations is essential. You may need to obtain:

• Planning permits from the local council

• Subdivision approval from Land Use Victoria

• Advice on restrictive covenants, easements, and zoning compliance

Legal guidance at the early stages of development can prevent complications later and ensure that your project meets all statutory requirements.

Leasing and Commercial Property

We also advise landlords and tenants on retail and commercial leases, ensuring that lease agreements are fair, legally sound, and tailored to your business needs. In Victoria, retail leases are governed by the Retail Leases Act 2003, which sets out rights and obligations regarding rent, maintenance, outgoings, and dispute resolution.

Final Thoughts

Property law in Melbourne is broad and complex, but with the right legal support, it doesn’t have to be overwhelming. Whether you’re a homeowner, investor, business owner, or developer, our property law team is here to help you navigate your transaction with confidence and peace of mind.

If you need assistance with any aspect of property law, contact our office for experienced and practical legal advice.