How to Handle Property Disputes in WA and When to Seek Legal Help

Property disputes can arise unexpectedly, whether during a sale, tenancy, or ongoing property management. Whether it's a disagreement between buyers and sellers, issues with boundaries, or disputes over property defects, resolving these conflicts can be stressful and financially draining if not handled properly. A well-informed approach can prevent them from escalating, saving time, money, and, ultimately, the relationships among the involved parties. Seeking legal assistance at the right time will ensure your rights are protected and help you avoid costly litigation.

In Western Australia, understanding your rights and knowing when to seek legal advice can make all the difference in reaching a fair outcome. In this article, I provide you with advice on how to handle these situations and when to seek legal advice.?

What are the most common types of property disputes?

Property disputes can occur for various reasons, and each situation requires a tailored approach to resolution. Below are some of the most common types of disputes you could expect:

1. Boundary disputes

Boundary disputes typically arise between neighbours when there is a disagreement about the location of property lines. This can occur due to errors in fencing placement, unclear survey plans, or misunderstandings about land ownership. In WA, the Dividing Fences Act 1961 outlines the responsibilities of property owners regarding shared fences and can provide some guidance on how to resolve these issues.

2. Contractual disputes between buyers and sellers

When purchasing a property, the sale contract outlines the rights and obligations of both parties. Disputes may arise if one party fails to meet their contractual obligations, such as not settling on time, misrepresenting property conditions, or breaching other terms of the agreement. Buyers and sellers should carefully review their contracts and seek legal guidance if disagreements occur.

3. Strata Title disputes

Strata properties, including apartments and townhouses, come with unique challenges. Conflicts may arise over strata fees, maintenance responsibilities, or by-law enforcement. In WA, strata disputes are often managed through the State Administrative Tribunal, which provides a cost-effective avenue for resolution.

4. Tenancy disputes

Rental property disputes between landlords and tenants are common, particularly regarding rent payments, property maintenance, and bond refunds. The Residential Tenancies Act 1987 sets out the rights and obligations of both parties. If a dispute cannot be resolved through negotiation, the matter may need to be escalated to the Magistrates Court or the State Administrative Tribunal.

5. Encroachments and Easements

Encroachments occur when a structure, such as a fence or building extension, extends onto a neighbouring property. Easement disputes can arise when a property owner restricts access to a right-of-way or shared land. Property surveys and legal agreements should be reviewed to determine the rights of each party.

6. Defects and building disputes

New home buyers or renovators may encounter issues with construction defects or poor workmanship. These disputes may involve builders, developers, or tradespeople. The Building Commissioner in WA provides a dispute resolution process for complaints related to workmanship and compliance with building standards.

Steps to resolve property disputes

Open communication

Effective communication is often the simplest and most efficient way to resolve a property dispute. Misunderstandings and conflicts can frequently be settled through open and respectful discussion between the involved parties. Whether the dispute is with a neighbour over boundary issues, a landlord regarding rental conditions, or a contractor about building work, a calm and constructive conversation can prevent unnecessary escalation.

To improve communication, consider the following approaches:

• Arrange a face-to-face meeting to discuss concerns in a neutral setting.
• Clearly outline the issue and listen to the other party's perspective.
• Keep a record of discussions, agreements, and any commitments made.
• If tensions run high, involve a neutral third party to facilitate the conversation.

Taking a proactive approach to communication can often lead to a resolution without requiring legal intervention. Many disputes can be resolved through open and respectful discussion. Attempting to negotiate a solution before escalating the matter can save time and legal costs.

Reviewing contracts and agreements

Many property disputes arise due to misunderstandings or disagreements over contractual obligations. Whether dealing with a property purchase, tenancy agreement, or building contract, reviewing the relevant documents can clarify each party's rights and responsibilities.

Key documents which you may consider reviewing include:

• Sale contracts – they outline conditions agreed upon by buyers and sellers, including settlement terms and property disclosures.
• Tenancy agreements – they define the obligations of landlords and tenants regarding rent, repairs, and lease terms.
• Strata by-laws – they establish rules governing shared property ownership, maintenance responsibilities, and dispute resolution processes.
• Building contracts – they detail work specifications, timelines, and financial agreements between property owners and builders.

When the terms of an agreement are unclear, seeking legal advice ensures accurate interpretation and enforcement. Well-documented contracts and agreements serve as a safeguard against disputes and provide essential evidence in legal proceedings. A thorough review of contracts, strata by-laws, and legal agreements will help you clarify responsibilities and obligations, enabling the involved parties to build a strong case for resolution.

Mediation and dispute resolution services

When direct communication and contract review fail to resolve a dispute, mediation and dispute resolution services can provide a structured approach to finding a fair outcome without court intervention. Mediation involves a neutral third party who facilitates discussions between the disputing parties, helping them reach a mutually acceptable agreement.

In Western Australia, several organisations offer dispute resolution services, including:

• Department of Mines, Industry Regulation and Safety (DMIRS) – It provides assistance with tenancy disputes, building contract issues, and consumer complaints related to property.
• State Administrative Tribunal (SAT) –? It specialises in handling disputes concerning strata title properties, residential tenancy matters, and other property-related conflicts.
• Private Mediation Services – Engaging a professional mediator or legal expert can help parties negotiate a resolution without resorting to costly legal action.

When to seek legal help

While many disputes can be resolved without formal legal intervention, some situations require professional legal advice. It is advisable to seek legal help if:

• The dispute involves significant financial loss or property damage.
• A contract has been breached, and the other party refuses to negotiate.
• There is a risk of losing property rights or facing legal action.
• Mediation attempts have failed, and further legal steps are necessary.

How a Settlement Agent can assist

While a settlement agent cannot provide legal advice, consulting one early can help clarify procedural matters and direct you to the appropriate legal or dispute resolution resources.?

Our experience in handling property transactions means we can help identify potential issues early and provide guidance on the next steps. Many settlement agents also work closely with solicitors and can refer clients to the right legal professionals if a dispute escalates beyond procedural matters.

Settlement agents can assist by:

• Ensuring that property settlement processes are handled correctly to minimise disputes.
• Identifying potential issues early and advising on procedural solutions.
• Liaising with all relevant parties, such as buyers, sellers, financial institutions, and legal representatives, to facilitate smoother resolutions.
• Referring clients to solicitors or mediation services when a dispute escalates beyond their scope.

In summary

Property disputes can be stressful, but understanding your rights and options in WA can help you find a resolution efficiently. Whether dealing with boundary disagreements, contract breaches, or tenancy issues, early intervention and open communication are key. Seeking legal assistance at the right time can protect your interests and lead to a fair outcome.?

If you're dealing with a property-related concern, you should get in touch with a legal professional who can provide clarity and guidance on the best course of action. And remember, our experienced team can assist with your settlement needs and connect you with the right professionals for further support.?

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