Real Property litigation is one of the oldest types of civil litigation in our legal system. Claims over the ownership or possession of land or buildings are often complex and highly technical, bringing together various different but overlapping sources of law; such as legal estates, equitable interests, and contractual rights. Disputes of this nature often arise from commercial dealings such as contracts for the sale of land, leases, mortgages and joint venture developments but can also arise from informal, often poorly documented arrangements or past practices among neighbours or members of a family.
The Supreme Court of New South Wales now has a specialist Real Property List which deals with cases such as these; especially if the cases concern rights and remedies arising out of the Real Property Act 1900, the Conveyancing Act 1919, and the Crown Lands Act 1989 (NSW). The Real Property List also deals with cases concerning strata title and community title schemes (although most of those cases usually commence in the Civil and Administrative Tribunal).
Fourth Floor Selborne Chambers includes several barristers who specialise on Real Property law and who appear regularly in the Real Property List