Supreme Court property disputes
The work that connects to family and estate matters.
Most property disputes we handle arise out of separation, deceased estates, or family arrangements that have broken down — which is why this work sits naturally alongside our family law and estate practices.
We appear in the Equity Division of the NSW Supreme Court on contested property matters where co-ownership, succession, or family arrangements are in dispute. The work is partner-led and most often arises from an existing family law or estate matter at the firm.
Section 66G applications
Where co-owners cannot agree on the sale of a jointly owned property, section 66G of the Conveyancing Act 1919 (NSW) allows a co-owner to apply to the Supreme Court for the appointment of trustees for sale. We prepare and run these applications for clients seeking to realise their share of a co-owned property when other owners will not cooperate.
Severing joint tenancy
Joint tenancy carries the right of survivorship: if one owner dies, the property passes automatically to the surviving owner. Where this outcome is no longer intended — typically following separation, or where a co-owner wishes their share to pass under their will — the joint tenancy can be severed. We advise on and effect joint tenancy severances on the title.
Caveats
Where a client has a caveatable interest in property that needs to be protected from dealings on the title, we lodge caveats with NSW Land Registry Services. Where a caveat lodged against a client's property is improper or no longer warranted, we apply to have it removed. Both lodging and contesting caveats often arise in family law and estate matters.
Partition proceedings
Where co-owners hold property in shares that can be physically divided rather than sold, a partition can be ordered by the Supreme Court. We advise on whether partition is the right outcome and act in proceedings where it is sought or contested.
Supreme Court property work is partner-led and most often acted on for existing clients of the firm whose family law or estate matter has surfaced a property dispute requiring decisive action. As with all our work, fees are quoted on a scoped basis at the outset and discussed candidly throughout.
Speak with us about your matter.
Sydney CBD by appointment
02 9580 9011 enquiries@urbanlaw.group