Property Services

Robertson Hyetts prides itself on being a specialist in the Victorian property and development sector by representing your best interests when purchasing your first home, parcel of land or investment property.

Whether it’s providing a complete legal service for conveyancing and residential property matters or working with developers on development projects. We also specialise in town planning and environment matters, construction, leading and commercial acquisitions and sales.

Conveyancing is the legal process of transferring ownership of a legal title of land (property) from one person or entity to another.

Whether you’re a first home owner or a property investor, our highly experienced conveyancing team is here to guide you through the property transaction every step of the way.

Property and development

Our expert team can advise you on commercial, industrial, residential property and land development matters including:

Property Law FAQs

In Victoria you pay land tax if the total taxable value of all the Victorian land you own, individually or jointly, as at 31 December, is equal to or exceeds $250,000 (or $25,000 for trusts). For each year you own land in Victoria with a total taxable value equal to or above the relevant threshold, you must pay land tax.

When you buy or acquire a property, you will most likely have to pay land transfer duty (commonly called stamp duty). The amount of duty you pay depends on the value of your property and whether you are eligible for any exemptions or concessions or if you are a foreign purchaser.

Joint and several liability is when two or more persons jointly promise to do the same thing and separately promise to do the same thing. If none do what has been promised then all of them or any one of them can be pursued to comply with the promise. In practice where the promise involves the payment of a debt the party with the most accessible assets will be pursued until payment has been made.

You should start by talking to your neighbour. You should seek agreement on the type of fence, its placement, the contractor who will install it and who will pay for what. If you can’t agree with your neighbour you can’t build or begin repairs on an existing dividing fence until you issue a Notice to Fence which outlines your proposal and has one or more quotes attached. If you can’t negotiate a resolution you may need to commence action in the Magistrates Court to have a magistrate decide for you.

Adverse possession (sometimes referred to as squatters rights) is a property law principle under which a person who does not have legal title to land can claim ownership of the land based on continuous possession or occupation instead of buying it from the legal owner.

Generally an easement is a right to use another person’s land for a particular purpose.

Examples of easements include:

  • pathways and walkways
  • for the supply of utilities like water, electricity, gas
  • access roads
  • the right to park a vehicle
  • party walls.

In Victoria, general law land is land which has been transferred from the Crown (alienated) between 1837 and 2 October 1862 and has not been brought under the operation of the Transfer of Land Act. Title to general law land consists of a series of deeds or other documents which evidence dealings or transactions in land since the issue of a grant from the Crown.

The make good clause requires a tenant to hand back the leased premises to a landlord at the end of the lease in the same condition as it was in at the start of the lease term, subject to any fair wear and tear.  This means that any damage to the premises will need to be repaired to a satisfactory condition and any of the tenant’s installations, plant and equipment and rubbish removed.

Thank you so much Anna. The speed with which you attend to my matters is impressive and exceptional. I do appreciate your efforts.”


Property Law
Knowledge Base

Our Property Law experts

Janelle has been practicing law for 28 years, with the last 12 years spent assisting property developers through all stages of the development from the acquisition of land, marketing, off the plan contracts, subdivisions and associated agreements and certifying pre-sales for construction finance. This experience has allowed Janelle to understand the property industry and the demands that are placed on property developers.

Janelle Brown

, Lawyer & Director

John has been practicing law for over 40 years. He was raised in Clare, SA before attending the University of Adelaide and then working in SA, VIC and overseas in Qatar. For the last 2 years, he has been based in our Castlemaine office.

John Wellington

, Special Counsel & Castlemaine office leader