Services

Property & Real Estate

Property and Real Estate Lawyers in Ballarat, Beaufort, Castlemaine & Daylesford.

With leading property and real estate lawyers in Ballarat, Beaufort, Castlemaine & Daylesford, Nevett Wilkinson Frawley Lawyers have wide experiences and industry knowledge in property and real estate law. We adopt a problem-solving and commercial approach that aligns with the desired outcomes of our clients.

Why Choose Us in Ballarat and Central Highlands?

By engaging with leading property and real estate lawyers at Nevett Wilkinson Frawley Lawyers, this places you in the best position to be well looked after and cared for by lawyers that appreciate all aspects of a property and real estate matter.

We have developed a strong reputation in being able to work with a broad range of clients from first home buyers to property developers in Ballarat, Beaufort, Castlemaine, Daylesford, and the Central Highlands region. We understand that property and real estate law requires lawyers that have industry knowledge, technical expertise, and can deliver practical outcomes.

Our team of leading property and real estate lawyers in Ballarat, Beaufort, Castlemaine and Daylesford are there to provide practical and technical advice that is outcome focused.

When you choose Nevett Wilkinson Frawley Lawyers, we ensure:

We believe in delivering real expertise in property and real estate legal solutions to create positive experiences for our clients. That’s why, we ensure that our property and real estate lawyers are experts in their field and have proven experience in their industry.

Your property and real estate experience matters to us, and we believe that you should have reliable, accessible and transparent property and real estate legal services.

That’s why, as a leading regional law firm in Ballarat and Central Highlands, our property and real estate team are fully supported by our team of lawyers and support staff so that you can have access to high quality property, and real estate legal services.

At Nevett Wilkinson Frawley Lawyers, we operate and maintain a trust account that is regularly reviewed and audited so that you can have a peace of mind when you transfer your money with us, it is protected and secure.

We understand that you want to feel financially comfortable knowing that you are supported by the right people with the right resources.

That’s why we ensure that our trust accounts are properly audited and reviewed. Our property and real estate lawyers across Ballarat, Beaufort, Daylesford & Castlemaine are also assisted by a team of support staff.

We make accessing our property and real estate legal services easy, transparent and reliable, so that your experience with us feels complete and assured.

That’s why when you engage with Nevett Wilkinson Frawley Lawyers as your chosen property and real estate lawyers, we are committed to providing you accessibility. We have physical offices fully staffed with support teams situated across Central Highlands: Ballarat, Beaufort, Castlemaine & Daylesford. Our head office is situated in Ballarat.

When engaging us, you can also connect with us online, by telephone, or by email. We are committed to ensuring high quality customer service so that your property and real estate legal experience with us is seamless.

At Nevett Wilkinson Frawley Lawyers, our property and real estate lawyers are there to ensure that their technical capabilities and strategies align with clients’ desired outcomes.

With experience and industry knowledge, our lawyers are able to navigate complex property and real estate legal issues. Our lawyers work closely with clients to understand their circumstances, develop strategies and implement strategies that align with their commercial needs.

Furthermore, our property and real estate lawyers understand that legal issues should not be viewed in a vacuum, and that a commercial and practical approach should be adopted.

Guided by expertise and experience in property and real estate law across Ballarat, Beaufort, Castlemaine & Daylesford, we are an asset and resource to the start of your legal journey because of our ability to understand legal issues from the outset of a project through to its ongoing management, and address complexities with aptitude and skill.

“We ensure that our legal services in property and real estate at Nevett Wilkinson Frawley Lawyers are practical and reliable so that your experience with us is at ease.”

What our clients have to say.

Related Services

Building & Construction

Property Development

Town Planning

Leasing

Easement & Covenant

Environment

Adverse Possession

Subdivision

Owners Corporation

Are you looking for a property and real estate lawyer? Call us on (03) 5331 1244 to get in touch and arrange an appointment with a member of our property and real estate team.

You can also connect with us by filling out your details and telling us about your information below:

Contact Form

What is a Property and Real Estate Lawyer?

Property and real estate lawyers are lawyers with technical expertise and legal experience in many facets of real estate and property development. Generally, they can act for a broad range of clients from first home buyers, property developers, property owners, and real estate businesses. The legal services in property law may involve:

  • Purchase and Sale of Residential, Commercial, Industrial Property
  • Preparation of Leases
  • Mortgages
  • Subdivisions
  • Caveats
  • Foreign Investments
  • Property Development
  • Property and Boundary Disputes
  • Owners Corporations
  • Easements and Covenants
  • Taxation

These experiences provide property and real estate lawyers with broad exposure to assist clients in all aspects of a property transaction and property law.

From first homeowners, builders, and property developers, our clients have received expert guidance from our property and real estate lawyers at Nevett Wilkinson Frawley Lawyers. When dealing with property, there are a wide variety of complex and nuanced legal issues that relate to real estate and property development.

“With substantial experience in property law, our team of real estate and property lawyers at Nevett Wilkinson Frawley Lawyers provide clients with commercial and realistic advice.”

What Practice Areas are in Property and Real Estate?

Practice areas involving property and real estate can encompass a wide class of legal matters in the property and real estate industry. With relevant expertise and specialisation, property and real estate lawyers are capable of adapting to a large variety of acquisitions and disposals, leasing transactions, and development projects. Property lawyers can draft development and joint venture agreements, prepare contracts of sale, advise on property developments and subdivisions, negotiate commercial leases, and draft loan documents.

At Nevett Wilkinson Frawley Lawyers, our property and real estate lawyers can assist you in all aspects of a property related transaction and matter:

  • Property, Planning and Building Due Diligence
  • Commercial Leasing and Licensing
  • Acquisition and Disposal of Residential, Commercial and Industrial Property
  • Foreign Investments
  • Mortgages
  • Subdivisions
  • Valuations
  • Building and Construction
  • Environmental Contamination
  • Security Documentation
  • Cultural Heritage
  • Easements and Covenants
  • Off-the-Plan Contracts
  • Planning and Building Compliance
  • Joint Ventures
  • Taxation (including GST and Stamp Duty)
  • Banking and Finance
  • Property Consolidations
  • Contracts of Sale
  • Development Projects
  • Agribusiness
  • Property Trusts
  • Water Laws

Further, our property and real estate lawyers are able to assist you with property related disputes:

  • Contract Disputes
  • Property and Land Disputes
  • Building and Construction Disputes
  • Leasing Disputes
  • Valuations Disputes
  • Planning and Environment Disputes
  • Adverse Possession Disputes
  • Caveat Disputes
  • Compulsory Acquisition
  • Land Boundary Disputes
  • Body Corporate Disputes
  • Boundary Disputes
  • Property Disputes
  • Mortgage Disputes
  • Contract of Sale Disputes
  • Taxation Disputes (including GST and Stamp Duty)
  • Real Estate Agent Disputes
  • Conveyancing Disputes

Frequently Asked Questions.

PEXA is an acronym for Property Exchange Australia. PEXA delivers an online property settlement platform that facilitates the transfer of property in a digital workspace. Before PEXA’s introduction in Victoria, property conveyances were historically performed through paper lodgments. Today, PEXA’s digital workspace is operational across New South Wales, Victoria, Queensland, Western Australia, South Australia, and Australian Capital Territory.

PEXA’s digital workspace is a widely adopted electronic conveyancing platform for modern conveyancing practices. In Victoria, the land registry department also engages and uses PEXA for lodgments and has encouraged Victorian conveyancing lawyers and conveyancers to adopt this digital model.

In Victoria, a caveat is an instrument available for holders of caveatable interests.

A valid lodgement of a caveat acts as an injunction on the Registrar of Titles and prohibits subsequent dealings on a land, is recorded, and provides notice of the caveator’s interest on the Register.

Under the Torrens System, a Certificate of Title is a document that evidences the title and folio to each parcel of land. It shows the contents and particular of a folio, and the person holding that estate or interest, is also known as a Registered Proprietor. In Victoria, Certificates of Title are maintained and managed by the Registrar of Titles.

Victoria’s current land registration is managed by the Torrens System, a type of land registration system. The three components that constitute the Torrens System are that interests in estate is conveyed by registration, indefeasibility of title, and ownership is evidenced by registration on the Register. The Torrens system was formally adopted and introduced by the legislation, Transfer of Land Act 1958 (Vic).

This land registration system was intended to replace the old chain of titles under general law land, improve the process of investigating titles, and provide greater certainty on security of title for Registered Proprietors.

In Victoria, the Land Tax Act 2005 (Vic) governs the administration and enforcement of land tax. Generally, owners of taxable land are liable to pay land tax.

The meaning of land tax is defined by statute and is a tax that is imposed each year on all taxable land in Victoria.

An easement is a legal right that benefits an owner of a land from the use or restriction of a neighboring land. Depending on the use or restriction, an easement can either be positive or negative.

There are four essential elements to an easement: there should be a dominant and servient tenement, the owners of the dominant and servient tenement are different individuals, the easement benefits the dominant servient, and the right should be capable of forming the subject matter.

Property and Real Estate Insights.

What are Damages in Australian Contract Law?

An Overview on Damages in Australian Contract Law: When a party breaches a contract, the other party to the contract may be entitled to damages as a remedy. In contract law, an award of damages is intended…

What is Remoteness in Australian Contract Law?

An Overview on Remoteness in Australian Contract Law: In Australian contract law, loss caused by a breach is a “necessary, but not a sufficient, prerequisite to the recovery for damages”..

What is Causation in Australian Contract Law?

An Overview on Causation in Australian Contract Law: Law may be viewed as a “fact-orientated system” of rules that regulate human and social behaviour (Weber, 2009, p. 118). The application of causation…

What is Contract Law?

An Overview on the Theories of Contract Law: Common law textbooks on contract law typically define “contracts in terms of promise or agreement or of a combination of the two” (Cootes, 2010, p. 10). Within contemporary contract literature…

What is the Classification of Terms in a Contract?

An Overview on Classification of Terms: In Australia, the English decision in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 was adopted representing a policy position shifting from a dualistic classification system…

What is Privity of Contract in Australia?

An Overview on Privity of Contract in Australian Contract Law In Australia: In Australia, privity of contract relates to the idea that only parties to a contract should be “bound by its obligation”, and benefit from the contractual relations…

What is Cultural Heritage Significance in Victoria?

An Overview on Cultural Heritage Significance: As part of Victoria’s set of cultural heritage legislations, the Heritage Act 2017 (Vic) is intended to protect places and objects of cultural heritage significance. Statutory heritage protection has a wide range…

What is the Building Code of Australia (BCA)?

Read an Overview on the Building Code of Australia (BCA): The National Construction Code is described as Australia’s primary set of technical design and construction provisions for buildings. The National Construction Code is also viewed as…


Our Property and Real Estate Team.


Ben Franklin

Managing Partner

Frank Frawley

Special Counsel

Peter Glare

Senior Lawyer

Jason Koutes

Senior Associate

Samantha Mitchell

Law Graduate

Jenny Russell

Legal Executive & Office Manager – Daylesford

Julie Dick

Accounts Administrator & Conveyancing Clerk

Lynne Meldrum

Legal Assistant – Conveyancing

Bindi O’Meara Crosswell

Legal Assistant – Conveyancing

Are you looking for a property and real estate lawyer? Call us on (03) 5331 1244 to get in touch and arrange an appointment with a member of our property and real estate team.

You can also connect with us by filling out your details and telling us about your information below:

Contact Form