The term “property” can mean physical property, like land or personal goods, or intangible or “incorporeal” property, such as intellectual property.

An interest which a person has in a particular item of property carries with it a bundle of rights. The extent of these rights changes depending upon the nature and type of the person’s interest in the property.

Interests in property take many forms, and can arise because a person has ownership or possession of, or because they have, for example, a licence to use or a right to possess, a particular item of property.

Because of all of the above reasons, the law concerning property ownership and possession can be complicated and a person’s rights (or lack thereof) may not always be obvious or “clear cut”.

Thomas is able to help his clients navigate what rights they have (or don’t have), how best to enforce, manage or protect their rights, and when all else fails help them bring, or respond to, claims regarding the improper use of property.

Thomas represents people in the following types of property disputes:

  1. The forced sale of land by co-owners and the appointment of statutory trustees under the Property Law Act (for example, where a person wants to force the sale of land which they jointly own with another person);
  2. Detinue, bailment, and conversion disputes (involving allegations that a party has unlawfully detained or applied property, or has failed to look after property that has been entrusted to them);
  3. Contractual disputes involving the purchase or sale of a commercial or residential property, or business;
  4. Commercial lease disputes, including under the Retail Shop Leases legislation;
  5. Applications for injunctive relief or for specific performance (to either stop a person engaging in certain conduct, or compelling a person to engage in conduct, with respect to property);
  6. Claims for trespass, nuisance, or negligence (which are colloquially known as torts or “civil wrongs”);
  7. Claims for constructive or resulting trusts, or other equitable claims (for example, where a person has improved a property and is seeking some form of contribution from an owner, or interest in a property);
  8. The lodgement of caveats over land to protect a person’s rights in respect to land, or claims for the improper lodgment of any caveat; and
  9. Private tenancy disputes under the Residential Tenancies & Rooming Accommodation legislation.