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Property Law

Property Law
Emily Hughes-Johnson

Associate Director

Property law for businesses, owners and investors

Rouse Lawyers advises businesses and investors on property law. Our Brisbane-based property lawyers handle acquisitions and disposals, leasing and property disputes, with a focus on the property matters that sit behind businesses and investments rather than routine residential conveyancing.

Our property lawyers advise REITs, institutional landlords, major corporates and private investors across commercial and industrial property, from leasing through to acquisitions and disposals.

QUESTIONS? ASK A PROPERTY LAWYER

Our property solicitors’ expertise

  • Commercial property transactions: acquisitions and disposals of commercial sites and premises
  • Due diligence: comprehensive legal due diligence and handling of RFI processes
  • Option deeds: drafting and negotiating put and call option deeds
  • Commercial, industrial and retail leasing: drafting and negotiating leases and subleases for landlords and tenants
  • Lease disputes: including termination, make-good, rent and option disputes
  • Property disputes: caveats, contract disputes and co-ownership issues

Our work spans commercial office buildings, retail shopping centres, bulky goods centres, industrial sheds, manufacturing facilities and logistics warehouses.

Leasing for landlords and tenants

Commercial leases can involve terms regarding incentives and clawbacks, make-good obligations, options and their exercise windows, assignment when the business sells, insurance and permitted use obligations and security such as bank guarantees or security bonds.

Before signing a commercial lease, key provisions should be checked such as whether the permitted use matches the business, the incentive and clawback terms, the make-good obligations, the option exercise window, and the terms governing any bank guarantee. For retail premises in Queensland, the Retail Shop Leases Act 1994 (Qld) sets requirements that apply to certain retail shop leases and these also need to be considered against the terms of the lease.

For routine leasing work, Rouse offers fixed and capped fees on key aspects of the work, giving landlords greater certainty over legal costs per document and per asset.

Property acquisitions and disposals

Commercial property acquisitions can involve due diligence on title, planning and zoning, contamination and environmental issues, existing tenancies and the conditions of the sale contract. The scope of the review depends on the property, how it is being used and the structure of the transaction.

We advise on put and call option deeds and manage comprehensive legal due diligence and RFI processes for commercial property transactions.

Where property forms part of a business sale or acquisition, our property and M&A lawyers can handle both transactions within the same firm.

Property disputes

If a transaction or lease becomes contentious, our commercial litigation lawyers can work alongside the property lawyers already familiar with the asset and matter.

Leasing, acquisitions and disposals, structuring, business sales and disputes can all be handled within Rouse Lawyers rather than referred to different firms.

Property law in Queensland

For matters governed by Queensland law, our property lawyers advise on transactions and disputes under the Property Law Act 2023 (Qld) and other legislation relevant to the property or transaction.

Speak directly with our property team before you sign, acquire or sell a property, or when a dispute arises.

Property law FAQs

What does a property lawyer do?

A property lawyer handles the legal side of buying, selling, leasing, developing and dealing with disputes over property. For businesses and investors, that can include commercial property transactions, contract negotiations, due diligence, leasing and property disputes.

Do I need a lawyer or a conveyancer?

Both can handle property transfers, but commercial property often involves issues beyond the conveyance itself, including due diligence, leases and contract negotiations. A property lawyer can advise on those broader legal and commercial issues as part of the transaction. Other matters may also need to be considered such as town planning, company and trust structures which may require expert legal advice.

When should I engage a property lawyer?

Before you commit to the transaction. Getting advice before signing a contract or lease gives your lawyer the opportunity to identify risks, review the terms and negotiate changes while you still have options.

What does property due diligence involve?

For a commercial property acquisition, legal due diligence can include reviewing the title and registered interests, planning and zoning, existing leases and tenancies, relevant searches and the terms of the sale contract. The scope depends on the property and transaction.

What should I check before buying commercial property?

Before buying commercial property, consider whether the property's title, permitted use and planning controls suit what you intend to do with it, along with any existing leases or tenancies, environmental issues and the conditions in the contract. The checks required will depend on the property and how it will be used.

Emily Hughes-Johnson

Associate Director

Client Reviews

“We highly recommend Rouse Lawyers.

Rouse Lawyers acted for us in the sale of our software business, Precision Mining, to Micromine, a global mining software company. It was a substantial transaction and one in which we (the founding owners) relied on the Rouse M&A team to guide us through the process. We were very impressed with their efforts and tenacity in what was a complex and extensive negotiation process. We highly recommend Rouse Lawyers not only for their M&A expertise but also generally for growing SME’s in the technology space.”

Craig Morgan

Precision Mining

“It’s hard to find good lawyer that understands a “tech” business – Rouse Lawyers are that firm…

“A Big Thank You” to Matthew & the Team at Rouse Lawyers – have assisted me & my business in so many different legal items – from wills to buying property/structuring our business/trademarks/negotiating large deals/spam/privacy issues/lease on our 4 different offices… It’s hard to find good lawyer that understands a “tech” business – Rouse Lawyers are that firm… so skilled in many areas.”

Andrew Reece

Inspect Real Estate

“We have relied on good advice from Rouse Lawyers.

We believe software is driving the world forward. Disruption is happening in every industry and it is our clients who are proactively integrating software into their businesses, to set a whole new standard around the way business is done. We are a business that is growing rapidly and know the importance of good legal advice, which is why we have relied on Rouse Lawyers. Focusing on creating digital platforms on which our clients can innovate to ensure they are the ones modernising, is what gets us out of bed in the mornings.”

James Kahn

Idea 11

“I would recommend Rouse Lawyers for any business.

Young Guns has engaged Rouse Lawyers for all legal requirement/advice for the past 10 years. They have been on our business journey from 10 employees to 450 employees. Matt and Peter have always showed a personal interest in our business success and therefore made many recommendations for short term and long term strategies. I would be happy to recommend Rouse Lawyers for any business looking for a legal partner who they can trust and can provide ongoing, up to date advice.”

Scott Young

Young Guns Container Crew

“Their knowledge of franchising is comprehensive

I have tried several of the larger law firms at the big end of town but found their services to be quite bland and predictable. Rouse Lawyers’s style of operation suits me much better, their knowledge of franchising is comprehensive, and just as importantly, their thinking is distinctly street wise and entrepreneurial.”

Ross Clayton

The Vast Interior, Head Franchisor

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To see how we can guide you through your requirements, please contact us for more information.