Frequently asked questions about Property law

A property law solicitor advises on all legal matters connected to real property — land and buildings. This includes preparing and reviewing contracts of sale, conducting title searches, managing the settlement process (conveyancing), drafting and negotiating lease agreements, resolving boundary and easement disputes, advising on strata and community title obligations, and representing clients in planning and zoning applications.

At Dominion Property Law, our solicitors also assist with due diligence for commercial acquisitions, mortgagee sales, and subdivision approvals. We act as your advocate throughout the transaction or dispute, ensuring your legal rights are protected and that you meet all regulatory requirements under Northern Territory legislation.

A standard residential conveyancing matter typically takes between four and eight weeks from the date contracts are exchanged to the date of settlement. However, the actual timeline depends on several factors: whether finance approval is pending, the results of building and pest inspections, the complexity of any special conditions in the contract, and the responsiveness of the other party and their legal representatives.

If you are purchasing off the plan, the timeline may extend to twelve months or more, as settlement cannot occur until the developer registers the plan of subdivision. Our team provides regular progress updates and proactively follows up with all parties to avoid unnecessary delays.

In the Northern Territory, it is not strictly mandatory to engage a solicitor for a property transaction, but it is very strongly recommended. Property contracts contain complex legal clauses, and a mistake — such as overlooking a restrictive covenant, failing to identify an encumbrance on the title, or missing a cooling-off deadline — can result in significant financial loss.

A solicitor reviews the contract before you sign, explains your rights and obligations in plain language, negotiates amendments to protect your interests, conducts thorough searches (title, planning, rates, body corporate), and manages the settlement process including the transfer of funds and registration of the new title. The cost of legal representation is modest compared to the risks of proceeding without it.

A licensed conveyancer is qualified to handle the administrative and procedural aspects of transferring property ownership — preparing transfer documents, conducting standard searches, and coordinating settlement. However, a conveyancer cannot provide broader legal advice, represent you in court, or handle complex issues that arise during a transaction such as contract disputes, boundary disagreements, or planning objections.

A solicitor, on the other hand, holds a full legal practising certificate and can advise on all aspects of property law, including litigation. At Dominion Property Law, our solicitors perform all conveyancing work in-house while also being equipped to handle any legal complications that may emerge — giving you comprehensive protection under one roof.

Our residential conveyancing fees are provided as a fixed quote at the outset of your matter, so there are no surprises. The total cost depends on whether you are buying or selling, the complexity of the transaction, and the number of searches required. In addition to our professional fees, you should budget for disbursements such as title search fees, registration fees payable to the Land Titles Office, and stamp duty (which varies based on the purchase price and whether you qualify for any concessions).

We are happy to provide a no-obligation fee estimate before you engage us. Simply call us on +61 8 8734 7521 or email [email protected] with the details of your transaction.

Boundary disputes are more common than most people realise, and they can escalate quickly if not addressed early. The first step is to obtain a current survey of your property from a licensed surveyor, which will establish the precise legal boundaries. If the survey confirms that your neighbour has encroached on your land — or vice versa — we can help you negotiate a resolution.

In many cases, a well-drafted letter from a solicitor is sufficient to resolve the matter. If negotiation fails, we can pursue mediation through the Northern Territory Civil and Administrative Tribunal or, as a last resort, commence proceedings in the Supreme Court. Our goal is always to achieve a fair outcome with the least amount of cost and disruption to your daily life.

Absolutely. Commercial leases are significantly more complex than residential tenancy agreements, and the financial stakes are much higher. We advise both landlords and tenants on key lease terms including rent and outgoings, rent review mechanisms (CPI, market review, or fixed percentage), options for renewal, assignment and sub-letting provisions, make-good obligations, and bank guarantee or security deposit requirements.

We also review disclosure statements required under the Northern Territory Business Tenancies (Fair Dealings) Act to ensure compliance and prevent disputes down the track. Whether you are a small business owner signing your first retail lease or a landlord with a portfolio of commercial properties, our team ensures the lease reflects your commercial objectives and minimises your legal exposure.

Stamp duty (also known as transfer duty) is a state or territory tax payable when you acquire an interest in real property. In the Northern Territory, the amount is calculated on a sliding scale based on the dutiable value of the property, which is generally the purchase price or the market value, whichever is greater.

First-home buyers may be eligible for stamp duty concessions or exemptions under the Northern Territory Government's home-owner assistance schemes. We advise all purchasing clients on their potential stamp duty liability and any applicable concessions as part of our conveyancing service, so you can budget accurately before committing to a purchase.

Encumbrances are interests held by third parties over a property, such as mortgages, caveats, easements, restrictive covenants, or statutory charges. They are recorded on the Certificate of Title held at the Land Titles Office. As part of our conveyancing process, we conduct a thorough title search that reveals all registered encumbrances and explain their practical implications for your intended use of the property.

For example, an easement for drainage may restrict where you can build an extension, while a restrictive covenant might prevent you from operating a business from the premises. Identifying these issues before you sign a contract is critical, and it is one of the key reasons why professional legal assistance is so valuable in any property purchase.