Buying, selling, or leasing property? Then you’re already dealing with property law—whether you realise it or not.

From contracts and titles to tenant rights and disputes, property law affects every legal step in a real estate transaction. But for many Australians, these legal rules feel overwhelming or are simply misunderstood until it’s too late.

This post breaks down the essential parts of property law in simple, plain English—no legal background needed. Whether you’re a first-time buyer, a landlord with growing responsibilities, or a seller preparing for settlement, this guide will give you clarity and peace of mind.

Quick Overview: Key Property Law Insights for Buyers, Sellers, and Landlords

• Property law governs the rights, responsibilities, and legal processes around owning, transferring, and leasing real estate.
• Buyers must understand contracts, titles, and settlement conditions.
• Sellers need to meet disclosure obligations and avoid legal pitfalls before transfer.
• Landlords must comply with tenancy laws, lease agreements, and fair treatment rules for tenants.
• Ignoring property law can lead to delays, disputes, or financial penalties.

Want to avoid costly legal mistakes and handle property like a pro? Keep reading!

For Buyers: Legal Basics to Know Before You Sign

Buying a property is exciting—but it’s also a legal transaction with long-term consequences. Here’s what property law says about your rights and responsibilities as a buyer.

Key Things to Check:

• The Title: Is it Torrens, strata, or leasehold? Are there easements or caveats on it?
• The Contract: It should clearly outline the property boundaries, inclusions, and conditions of sale.
• Disclosures: The seller must inform you of zoning issues, defects, unapproved works, or flooding risks.
• Cooling-Off Period: Depending on your state, you may have a few days to change your mind after signing.

Pro Tip: A lawyer or licensed conveyancer should always review your contract

before you sign. It’s a small cost to protect a huge investment.

For Sellers: What You Must Do Legally

Selling property isn’t just about finding a buyer—it’s about meeting your legal obligations so the sale goes smoothly and doesn’t come back to bite you.

Your Legal Duties:

• Full Disclosure: You’re required to provide accurate information about the property, including known defects or compliance issues.
• Contract of Sale: This must be prepared by a solicitor or conveyancer and include zoning certificates, drainage diagrams, and any title restrictions.
• Vendor’s Statement: Known as a Section 32 in some states (like Victoria), this outlines key legal info about the property.

Did You Know?

In some states, if you fail to provide full disclosure, the buyer can withdraw from the sale—even after contracts are exchanged.

Pro Tip: Don’t just rely on your real estate agent. Legal advice ensures you’re covered and reduces the risk of post-sale disputes.

For Landlords: The Legal Framework You Must Follow

Renting out property might seem simple—until you realise how many rules are involved. Landlords must follow tenancy laws that protect both them and their tenants.

Key Responsibilities:

• Written Lease Agreements: These must comply with your state’s Residential Tenancies Act.
• Bond Handling: You must lodge the bond with the appropriate authority (e.g. NSW Fair Trading, RTBA in Victoria).
• Rent Increases and Evictions: Strict notice periods and justifications are required.
• Maintenance: You are legally obligated to keep the property safe and livable.

Pro Tip Box: Lease Terms to Watch

• Fixed-Term Lease: Ends on a set date.
• Periodic Lease: Rolls over monthly after the fixed term ends.
• Break Lease: Tenants can end early, but conditions apply.
• No-Ground Eviction: Not allowed in some states—reasons must be valid and documented.

Quick Guide: When Property Law Gets Complicated (and How to Handle It)

Let’s say you’re mid-way through a private sale or rental deal—then a dispute or legal hiccup comes up. What should you do?

Common Challenges:

• The buyer finds an easement and wants to renegotiate—what now?
• Your tenant refuses to leave after the lease ends—can you evict them legally?
• The council says you can’t build what you planned—did zoning laws change?

How to Solve It:

1. Read the Title and Council Records: Understand exactly what’s on the title, including easements or restrictions, before making promises or building.
2. Stick to Written Agreements: Verbal agreements rarely hold up in disputes. Put everything in writing and refer back to the lease or sale contract.
3. Use Legal Notice Templates for Tenants: Your local tenancy authority often provides legally valid forms for rent increases or evictions.
4. Call in a Lawyer for Complex Disputes: Boundary disputes, caveats, or planning disagreements usually require expert help.

Why It Works:

Getting clarity on your legal standing and following proper procedures avoids making the situation worse. It protects your rights without risking penalties or delays.

Need help navigating a sticky property situation? Get legal advice early to stay in control.

FAQs About Property Law (for Non-Lawyers)

What’s the difference between Torrens Title and Strata Title?

Torrens Title: You own the land and all structures outright.

Strata Title: You own a unit or townhouse and share common areas with other owners via an owners’ corporation.

Can a landlord evict a tenant without notice?

No. Even in extreme situations, landlords must follow formal notice and tribunal procedures set out in the Residential Tenancies Act for their state.

What is a caveat, and should I worry about it?

A caveat is a legal warning lodged on a title that signals someone else has an interest in the property. You can’t sell or transfer the property until it’s resolved.

Is a verbal agreement for selling a house valid?

No. Property transactions must be in writing and meet strict legal conditions. A verbal offer is not legally binding.

Conclusion

Whether you’re buying, selling, or leasing, understanding the property law essentials protects your rights and prevents costly mistakes.

From reviewing titles and drafting contracts to handling tenancy disputes and legal disclosures, property law plays a vital role in every real estate journey. The good news? You don’t have to be a legal expert—you just need to know when to ask questions and where to get help.

So before you sign, lease, or sell, take the time to understand the legal side of property. A little preparation now can save you a world of trouble later.