Disputes are a natural, though unwanted, part of doing business. They most often arise with regard to property transactions. Cardinal Litigation + Dispute Resolution
is a Perth CBD-based legal practice which offers strategic commercial litigation and dispute resolution services to domestic and international clients across a range of industry sectors.Property related disputes usually fall under three categories, namely, nuisance, breach of sale agreement, and lease related disputes.
Every homeowner / occupier has a right to quiet enjoyment of their property in Australia. A legal nuisance involves a neighbour acting in a way which results in substantial, unreasonable and ongoing interference to the use and / or enjoyment of one’s land. It could include smoke, smells, noise, overhanging trees, etc. In such cases, the affected person can seek remedy under the law of nuisance. The occupier who complains about what appears to be a nuisance caused by a neighbour can apply to court for an order to stop the nuisance injunction or an order that the neighbour pay compensation (damages). Where there is a nuisance, the Magistrates Court can grant injunctions.
Breach of sale agreement takes place when the buyer or the seller fails to comply with the terms outlined in the contract for sale agreement. This can take place due to many reasons, a party may misunderstand their obligations, they may no longer have capacity to perform, or they may no longer be willing to perform the same. When one party breaches a contract, the other party may ask a court to provide a remedy for the breach. The court may order the breaching party to pay money to the non-breaching party in the form of damage compensation. Alternatively, the court may order the party to do what they promised to do under the contract, which is referred to as specific performance.
Lease disputes arise when an occupier fails to pay rent, a breach in the terms of the lease agreement (such as subletting without permission), damages to the premises, failure to maintain the premises, refusal to vacate the premises at the end of the lease. In some cases the landlord may not be allowing the tenant the quiet enjoyment of the premises or he may be withholding the security deposit.
In all instances mentioned above one must consider alternative dispute resolution methods (such as mediation) before considering litigation as the latter can take a lot of time and energy along with substantial costs in the process of resolution.