Property Law: A thriving area of practice in Australia

Property, whether real or personal, has a legal definition that, if grasped from the start, makes studying land law much easier. It has frequently been pointed out that the term "property" is used to describe the thing itself in common English. One can legitimately point to artwork and say "that is my property,' or stand on a plot of land and say the same thing. 

The picture and the land are both pieces of property. In a legal sense, however, this is erroneous to view a property. Legally, the property does not refer to the object itself, but rather to the relationship that exists between a person and object. As a result, for a lawyer, the object is one thing, the person is another, and property is the link between the two. For example, 'I have a property interest in that picture (or land)', more accurately captures this legal concept of property. As a result, more than one individual may have a property interest in the same thing, and these interests may exist concurrently. They may or may not conflict, but if they do, property law offers standards for resolving such conflicts, and one interest may have to give way to another. 

Australian land law

Since its inception, Australian land law has demonstrated a distinctness that is remarkable when contrasted to other areas of the law, many of which still closely follow English models. Thus, the rural lease holding system arose largely as a result of squatters' pressure to achieve some security in their landholding—and, once that security was obtained, to resist attempts by free selectors to establish freehold title to rural land. Recognizing native titles has recently put great political pressure on governments to accommodate that title within current land-holding institutions.

The advent of the Torrens system of title registration was the most notable development for freehold land, and hence, particularly urban land. Torrens is more than just a transportation system. It radically affects crucial notions in traditional land law in many ways. Australian land law has also adopted efforts that reflect particularly Australian challenges, primarily through statutory intervention but sometimes through judicial rulings. Some of the major advances include boundary fence laws; encroachment legislation; strata title development about unit construction; residential and retail landlord and tenant law reform; and regulation of retirement community housing.

Career as a Property Lawyer in Australia

Property law is a booming field, especially during times of economic prosperity. The land has always had a high value as an immovable asset, and there will always be a market to buy, lease, sell, or develop it. As a lawyer in this sector, you may deal with residential or commercial property concerns, or you could do both. Commercial property work can be separated into two categories: private and public sector initiatives. If you specialise in property law, you may be able to give legal services to people, groups, corporations, investors, developers, public bodies, or governments.

Attention to detail and the ability to methodically collate and present material are required for success as a property lawyer. You must be logical while dealing with all parties involved. Your drafting abilities should be excellent, and you should be well-versed in the many rules and regulations that regulate property. Furthermore, because the majority of the job is done on a consensual basis, your negotiation and communication abilities should be excellent. Client management is also essential, and you must be able to translate sophisticated jargon and terminology for your clients.

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