Property Law
A practical, legally grounded approach to residential, commercial and investment property matters.
Property Law
Property law issues often arise long before transfer is registered or long after it has taken place. They may concern ownership, use rights, access, title deed conditions, neighbour disputes, nuisance complaints, servitudes, sectional title problems, occupation disputes or disagreements arising from the sale or use of land.
At Spence Attorneys, we assist clients with a range of property law matters affecting residential, commercial and investment property. Some matters are transactional in nature. Others are contentious and require a firmer approach. In either case, the legal position needs to be assessed carefully against the title documents, legislation, municipal requirements, agreements in place and the practical facts on the ground.
Property disputes are often more complicated than they first appear. What begins as a disagreement about access, boundaries or use can involve title restrictions, municipal rules, body corporate governance, historic rights, prescription, co-ownership issues or evidentiary difficulties. A measured legal approach at an early stage can often reduce cost, contain conflict and improve the prospects of a workable resolution.
Our services include
- Advice on title deed conditions and restrictions
- Servitudes and access rights
- Boundary and neighbour disputes
- Nuisance complaints and use disputes
- Co-ownership issues
- Property due diligence support
- Sectional title and common property issues
- Property-related contractual disputes
- Advice linked to occupation, ownership and transfer risks
When to get advice
You should get advice early where there is uncertainty about ownership rights, access rights, use of land, common property, neighbour conduct, title restrictions or municipal compliance.
Why clients instruct Spence Attorneys
Clients instruct us because property matters require a careful reading of documents and facts rather than guesswork. These matters can affect value, marketability, financing, development potential and peaceful occupation. We approach them in a practical, legally grounded way.
Frequently asked questions
What is a servitude?
A servitude is a limited real right allowing a person or property to exercise a specified use right over another property, such as access or services.
Can title deed conditions prevent certain building works or land use?
Yes. Title deed conditions may restrict subdivision, building lines, use, access or other aspects of the property.
What happens in a boundary dispute?
The answer depends on title deeds, survey information, historical use, physical markers and the conduct of the parties. The facts matter greatly.
Can a property dispute be resolved without going to court?
Sometimes yes. A negotiated solution or formal correspondence may resolve the matter, but not in every case.
Do you assist with sectional title issues?
Yes. We assist with a range of sectional title and common property matters.
When should I get legal advice if I am buying property with a known issue?
Before signing, if possible. Early advice is usually far cheaper than later correction.