Property or land resumption can be difficult and stressful to come to terms with. When the government provides an offer for your property or part of your property, it can be hard to know where to start or what to do.
Shine Lawyers are experts in property resumption claims and can help you make sense of the situation and get you the compensation you need.
Our offer to you
Common questions about Property Resumption Claims
When this happens, the government agency provides an offer for the land to be resumed to the owner or person with the legal interest.
Property resumption claims don’t just have to be for land above the ground. In some circumstances it is possible to lodge a claim for compensation where land under the ground is resumed, for instance because of the construction of a tunnel.
It’s important to seek legal advice as soon as possible to make sure you get the offer and compensation adequate for your individual situation.
That notice will tell you whether the whole or part of the property will be resumed. If you receive a notice advising you that your property may be resumed, you should seek legal advice straight away to ensure your rights are protected.
There are strict time frames for lodging an objection, so you should seek legal advice as soon as you are notified that your land is to be resumed.
If you seek legal help, any legal cost associated with the land resumption will be included in your compensation claim and will be paid by the government agency.
Additionally, you may also be entitled to claim compensation for a number of other costs that you may incur because of the resumption, including stamp duty, borrowing costs and moving costs.
If you operate a business from land which is to be resumed (whether you own or lease the premises) you may be entitled to compensation for the impact on your business. You may be entitled to payment of relocation costs, or compensation equivalent to the value of the business.
The costs of obtaining legal advice must be paid by the government agency.
If you chose to accept the offer, settlement will be arranged. You will be required by the government agency to sign a deed before you receive your compensation. You should obtain legal advice about the contents of that deed.
If agreement cannot be reached through negotiations, either party may ask the Land Court to independently determine the compensation to be paid.
Many lawyers will require you to pay legal fees up front, and you will be reimbursed those costs as part of your compensation payout. In appropriate circumstances Shine Lawyers is able to receive payment of its fees from your compensation payout, ensuring you are not out of pocket in the meantime.
It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Our compensation experts are in the following locations:
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Why you should choose Shine Lawyers to handle your property resumption claim
Hear from some of our clients
History of Shine Lawyers
The Shine Lawyers team
Latest from the blog
Stephen Roche: How a simple coffee with an old friend showed me the power of the Royal Commission
An opinion piece by Stephen Roche They say no good deed goes unnoticed. When you’re working hard someone is always watching. It’s a lesson hard to be mindful of. Not because we chug away at life aimlessly, but because sometimes, it’s easy to forget the significance and privilege a lawyer has in affecting change. My […]Read more
How to share the road safely with trucks and other heavy vehicles
We’ve all heard the expression ‘without trucks Australia stops’. Yet despite playing a crucial role in Australia’s economy, truck driving is one of the country’s most dangerous professions. The figures paint a disturbing picture. Truck driving has an average rate of 20 deaths per 100,000 workers. In 2014, there were 65 deaths and 8450 injuries […]Read more
Motorcycle road accident infographic: Breaking down the numbers
Ask anyone with a motorcycle and they’ll tell you nothing beats the feeling of cruising the open road. With the sun on your skin and the wind in your hair, there’s nothing better. But that feeling comes at a cost. Without the protection of car panels, airbags or seatbelts, motorcyclists are particularly vulnerable when it […]Read more