Settling Land Disputes: A Guide to Resolving Ownership Conflicts

June 26, 2023    propertylawyersperthwide
Settling Land Disputes: A Guide to Resolving Ownership Conflicts

In this world that is evolving continuously, we have also seen a great rise in conflicts. Land disputes are one of the most common conflicts, which can be complex, often involving conflicts over ownership rights and boundaries. These disputes might arise due to many reasons, including family disputes, political issues, or industrial clashes.


In order to resolve these disputes, you will require litigation resolution lawyers in Perth with a comprehensive understanding of the legal landscape and an effective approach to dispute resolution.


Let us delve into the various aspects of settling land disputes, providing insights and practical advice for choosing a litigation lawyer who can help us navigate through these challenging situations.

Understanding Why Land Disputes Happen

Land disputes can stem from a variety of factors, each contributing to the complexities of resolving ownership conflicts. Understanding the main causes and effectively addressing these disputes is important. Some common reasons for land disputes include:

  • Unclear Land Titles:

Uncertainty or ambiguity surrounding land titles is a common trigger for disputes. When the ownership history or legal documentation of a property needs to be clarified, multiple parties may assert their rights, leading to conflicts over ownership.

  • Boundary Issues:

Disagreements over property boundaries can happen mostly due to a need for clarity regarding the exact location or differentiation of the boundaries. This can occur due to outdated surveys, inaccurate measurements, or disputes over boundary markers.

  • Changes in Land Use:

Land use patterns can often result in disputes. For example, when agricultural land is converted into residential or commercial use, neighbouring property owners may contest the change, citing concerns about increased traffic, noise, or decreased property values.

  • Inheritance and Succession:

Land disputes can emerge when multiple heirs or family members claim ownership rights over a property due to inheritance or succession issues. Lack of proper estate planning or conflicting interpretations of wills can exacerbate these disputes.

  • Zoning and Development Restrictions:

Zoning regulations and development restrictions set by local authorities can lead to conflicts over land usage. If a property owner wishes to utilise their land in a way that contradicts the zoning regulations, disputes may arise.

  • Adverse Possession Claims:

Adverse possession occurs when an individual unlawfully occupies and uses another person’s property for a specific period, leading to potential claims of ownership. These claims can be contentious and result in prolonged disputes over land ownership.

Types of Land Disputes

Land disputes manifest in various forms, each demanding a unique approach to resolution. Let’s explore some common types of land disputes:

  • Boundary Disputes:

Boundary disputes occur when neighbouring property owners disagree on the exact location or demarcation of their property boundaries. These conflicts can arise due to inaccurate surveys, unclear legal descriptions, encroachments by one party onto the other’s land, or disagreements over-interpreting boundary markers. Boundary disputes often involve land usage, access rights, or the potential impact on property values.

  • Title Disputes:

Title disputes arise when multiple parties claim ownership or have conflicting interests in a specific piece of land. These disputes can occur due to unclear land titles, errors in recording ownership information, disputed transfers, or fraudulent transactions.


Resolving title disputes often requires a thorough examination of historical land records, documentation, and legal interpretations to determine the true ownership rights.

  • Easement Disputes:

Easement disputes arise from disagreements caused with respect to the rights to use a particular portion of land with a specific purpose. In these disputes, one party can access, pass through, or utilise another the land of the other party for purposes such as shared driveways, utility access, or right-of-way.

  • Land Use and Zoning Disputes:

Land use and zoning disputes occur when conflicts arise over the permissible uses and development of a piece of land as defined by local zoning regulations. These disputes may involve disagreements between property owners, local authorities, or neighbouring property owners.


Conflicting interests can emerge when one party intends to develop or utilise the land that contradicts the existing zoning restrictions, such as building a commercial structure in a residential area.

  • Lease Agreement Disputes:

Lease agreement disputes typically occur between landlords and tenants. Conflicts may arise due to rental payment disputes, breach of lease terms, disagreements over property maintenance responsibilities, or alleged lease agreement violations. Resolving lease agreement disputes involves:

  1. Interpreting the lease terms.
  2. Assessing both parties rights and obligations.
  3. Ensuring compliance with relevant tenancy laws.
  • Adverse Possession Claims:

Adverse possession refers to a legal principle where an individual gains ownership rights over another person’s property by openly and continuously occupying and using it for a specified period without the owner’s permission. Disputes can arise when adverse possession claims are made, with the property owner contesting the claimant’s right to ownership.

Significance and Roles of Lawyers in Land Dispute Resolution

Engaging the services of experienced and specialised land dispute resolution lawyers in Perth is crucial to navigating the complexities of ownership conflicts. Taking you through the top dispute resolution methods, here’s why lawyers play a significant role:

  • Legal Expertise:

The litigation resolution Lawyers in Perth have the expertise and experience in property laws and regulations, enabling them to evaluate the merits of a land dispute and provide informed advice on the best course of action.

  • Mediation and Negotiation:

In the cases of conflicts, the settlements carried out by mediation and negotiation play an important role. With their excellent communication, the best property lawyer Perth can act as mediators or negotiators, facilitating constructive exchange between parties to reach mutually agreeable solutions.

  • Litigation Representation:

In conflicts where a mutual resolution is unattainable, lawyers represent their clients in court, advocating for their best interests. Litigation resolution Lawyers in Perth specialise in presenting strong arguments and evidence, safeguarding the rights and interests of their clients during legal proceedings.

Consider These Factors When Choosing a Lawyer

Selecting the right lawyer to handle your land dispute requires careful consideration. Consider these following factors when choosing the best lawyer for real estate dispute:

  • Expertise:

Check on the relevant experience and expertise of litigation and dispute resolution lawyers when choosing one for your litigation resolution. Ensure that their knowledge and expertise are in the specific cases you face. Their expertise will give you the necessary insights and strategies to navigate your dispute efficiently.

  • Track Record:

Search for a lawyer with a track record in handling land disputes. You should go through the success rate of the lawyer in specific cases of land disputes. Get reviews and testimonials from previous clients or any trusted sources to gauge their reputation and ability to deliver positive outcomes.

  • Communication Skills:

Effective communication is vital when resolving land disputes. Look for the best property lawyer Perth with clear communication who listens to your problems attentively and can simplify complex legal concepts for better understanding.

  • Cost and Affordability:

Enquire about the lawyer’s fee structure and be sure that it does not burden you. Some lawyers may offer flexible payment options or work on a contingency basis, where fees are contingent upon successfully resolving the dispute.


Settling land disputes requires a comprehensive understanding of the underlying causes, types of disputes, and the significance of lawyers in the resolution process. By employing the services of experienced litigation and dispute resolution lawyers, individuals can navigate the complexities and achieve a favourable resolution.


In order to search for the best lawyer for real estate disputes in Perth, consider reputable property law firms and evaluate their expertise, track record, communication skills, and affordability. If you want to protect your interests, seek the help of the right legal guidance, and find a satisfactory resolution to your ownership conflict.

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