Property Law

Buying or selling a residential or commercial property is a big decision and a significant matter for most people.

Stewart & Stewart Law offers many years of experience with property law in Queensland and has represented both buyers and sellers of property for all legal matters. This brings peace of mind to our clients.

Our solicitors can offer assistance with property law in the following ways:

  • Help you fully understand the issues involved in purchasing or selling property in Queensland
  • Assistance with buying or selling at public auction/private treaty
  • Information about the costs involved (including stamp duty)
  • Advice for your Contract for Sale
  • Advice in regards to the ‘cooling off period’
  • Negotiating terms and conditions for the sale or purchase of property
  • Advice in regards to the sale or purchase of vacant land, units, strata and community title, rural land, and purchases ‘off the plan’
  • Advice for meeting lender requirements
  • Arrange title searches and land enquiries
  • Help you with settlement and exchange
  • Help with the legal requirements for subdivisions and property developments
  • Advice in regard to building contracts
  • Advice and negotiation in regard to neighbourhood disputes including dividing fence disputes
  • Representation in dispute resolution and at Court

FAQ's

What is Property Law?

Property law is a branch of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In Queensland, property law encompasses a wide range of legal issues, including but not limited to:

- Ownership and Possession: Rules and regulations regarding who owns property and how ownership is transferred. This includes the sale and purchase of property, inheritance, and gifts.
- Conveyancing: The legal process of transferring property from one owner to another. This includes the preparation of legal documents, conducting searches, and ensuring that the transfer complies
with all legal requirements.
- Leases and Tenancies: Laws governing the rental of property, including residential and commercial leases. This includes the rights and obligations of landlords and tenants.
- Easements and Covenants: Legal rights that allow one party to use another party's property in a specific way, such as a right of way. Covenants are promises written into deeds that dictate how a
property can be used.
- Mortgages and Financing: Regulations concerning the borrowing of money to purchase property and the use of property as security for loans.
- Land Use and Zoning: Laws that regulate how land can be used, including zoning laws that dictate whether land can be used for residential, commercial, industrial, or agricultural purposes.
- Encumbrances: Interests in the property held by someone other than the owner, such as mortgages, easements, and liens.
- Disputes and Litigation: Legal processes for resolving disputes over property, including boundary disputes, disputes between landlords and tenants, and issues related to


Our Property Law Team