Property Disputes

Our team

Kiren Narayan

Darius Shahtahmasebi

Nevenka Toma

Martelli McKegg's lawyers can help you in all areas relating to Property, Building and Construction Disputes, including:

• Construction Contracts Act 2002 claims

  
  We understand the importance of resolving these matters quickly and cost effectively so that work can proceed to the property and cashflow is not obstructed. Cashflow is the life-blood of the subcontractor's business and we ensure that it keeps pumping.

  We have acted in a number of disputes relating to construction contracts and are familiar with the procedures set down by the Construction Contracts Act 2002. We can help you prepare your payment claims and payment schedules. If the dispute proceeds beyond that stage, we are experienced in representing clients in arbitrations under the act.

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• Landlord and Tenant disputes

  
  Tenant fallen too far into arrears? Landlord keep trying to inspect without notice? Disputes under the Residential Tenancies Act are common.

  Martelli McKegg are experienced in helping landlords and tenants through the Tenancy Tribunal and, for higher value claims, through the Courts. As part of its dispute resolution procedure, the Tenancy Tribunal offers a mediation service. Martelli McKegg often advises on the merits of a mediated settlement as compared to a determination from either the Tribunal or the Court.

• Right of Way and Easement issues

  
  Rights of way enable you to access your property over your neighbour's property.  Easements give you of rights over a neighbour's property, for instance, the right to run services, the right to protect your views, or the right to access light or air. 

  Those are not the only disputes neighbours can have. Neighbours often dispute about overgrown trees, wrongly placed structures, or the exact boundaries between their properties. We have successfully resolved all of those types of disputes for clients. 

• Neighbour disputes

  Disputes between neighbours can become bitter. That's where we can help. We are experienced in politically managing neighbourly disputes, but still getting the outcome our clients seek. After its all over, you'll have to keep living next door to your neighbour. It's best to smoothly resolve the dispute now to minimise the friction you'll suffer later.

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• Breaches of Agreements for Sale and Purchase

  
  Buying a new home should be an exciting event in your life. Selling one should be a breeze. When either of those transactions go wrong, however, your life savings are at risk. Martelli McKegg will step in quickly to ensure agreements are upheld and the transaction goes as it should. 

  There are two remedies available if somebody breaches a contract with you. The Court can order that person to perform the contract. Alternatively, it can order that person to pay you compensation to put you in the position in which you would have been, were the contract performed. Seeking compensation can be a complex process involving expert valuations. We will guide you through and get you where you agreed to go. 

Our team has extensive experience in resolving disputes relating to property matters. We make it a priority to resolve these matters in a speedy and cost-effective manner so that, wherever possible, relationships do not deteriorate and parties can "get on with life" as soon as possible.