Property
Advising Councils, landowners, developers, real estate agents and strata corporations on all aspects of buying, selling or managing property.
Property
Advising Councils, landowners, developers, real estate agents and strata corporations on all aspects of buying, selling or managing property.
Property Law
When proper due diligence is not conducted, such as failing to understand title search documents or the implications of planning laws and regulations, it could result in the purchase of property that cannot be used or developed for the purpose intended causing financial loss and diminished property value that requires costly litigation to resolve.
Contract review by an experienced property lawyer can avoid contractual errors and misunderstandings that result in unfavourable terms leaving you vulnerable in disputes, or unenforceable clauses that result in a transaction falling through entirely due to non-compliance in some form.
We advise Councils, landowners, developers, real estate agents and strata corporations on all aspects of buying, selling or managing property with minimal risk, compliance with regulatory and legal obligations in respect of that land, and representation of clients in property disputes that arise in various jurisdictions.
Our exceptional understanding of property transactions and the potential risk involved acts as a safeguard for our clients purchasing, selling, leasing or managing property.
We approach all matters as if we are the landowner or property manager ourselves to deliver a bespoke, detailed and thorough level of service that covers all bases and protects your interests.
- All aspects of property transactions including sale, purchase, leasing and licensing for residential, recreational and commercial retail property and infrastructure assets (public and private).
- Contract review and drafting, negotiation and settlement of deeds, planning agreements and other documents generated in the conveyancing process.
- Interpretation of legislation in practice including Conveyancing Act 1919, Real Property Act 1919, Crown Lands Management Act 2016, Limitation Act 1969 and Heritage Act 1977.
- Planning due diligence regarding site development potential, environmental considerations, subdivision and restricted use of the land in accordance with planning legislation and local government regulations.
- Property disputes and issues regarding maintenance, tenancy, strata, land classification and zoning, boundaries, easements, covenants, title defects and adverse possession.
- Negotiations with Crown Lands and other local and state Government authorities regarding dedication and use of public and private land, compulsory acquisitions, land swaps, valuations and resumption.
Accredited Specialists
Tom is an accredited specialist in planning and environment law, while John is a certified practising town planner as well as a solicitor.
40+ Years Experience
In acting for both Councils and private clients/developers, we are uniquely positioned to provide advice that is based on a thorough understanding of both sides.
Expansive Network
We maintain strong relationships with an expansive network of experts across many disciplines and barristers who are willing to support our clients further on short notice.
Overview
Messenger Cole represents and advises clients on their legal and moral responsibilities in complying with environmental laws and regulations, including environmental impact, land use, water rights and pollution control in the design, development and construction process.
Benefits
Engaging in development and construction activities without a grasp of environmental laws can lead to hefty fines, remediation orders, and even imprisonment.
Recent Land and Environment Court rulings reaffirm that individuals, including directors and managers, can face criminal charges, underscoring the importance of seeking proper advice to prevent prosecution.
Neglecting legal duties and environmental standards risks damaging business reputation and facing consequences from courts, regulators, and the community.
Our Environmental Services
- All aspects of compliance in environmental legislation and regulations, and guidance on the active steps and reporting required at all stages of project delivery.
- Complex interpretation of relevant legislation such as the Protection of the Environment Operations Act 1997 (POEO Act), Contaminated Land Management Act 1997 and Biodiversity Conservation Act 2016.
- Due diligence on potential environmental impacts applicable restrictions on development to avoid contravention of the legislation involving air, noise, odour and water pollution, unlawful clearing of trees and vegetation, land contamination, habitat conservation, cultural heritage protection, bushfire risk, sustainability and waste disposal practices (particularly before settlement of property transactions).
- Review of strategic risk management policies and procedures to mitigate environmental impacts, liability for clean-up costs / remediation works and legal exposure in result (such as criminal liability for an offence and other penalties, fines and fees applicable).
- Negotiations with regulatory authorities such as Local Councils, Environmental Protection Authority (EPA) and WaterNSW regarding environmental events, investigations and responses to clean-up/prevention and prohibition notices.
- Review and/or drafting of planning permits, approvals, licences and bio-banking / biodiversity agreements and requirements.
- Representation in Court proceedings regarding disputes over alleged breaches of environmental laws, or judicial review applications involving challenging development consents or environmental protection licences.
The partner for you
Messenger Cole represents and advises clients on their legal and moral responsibilities in complying with environmental laws and regulations, including environmental impact, land use, water rights and pollution control in the design, development and construction process.