ARTICLE
17 August 2023

Don't "jump the gun" on land resumptions

MD
McCarthy Durie Lawyers

Contributor

McCarthy Durie Lawyers is a full-service law firm in Brisbane with over 30 years of experience. They specialize in growing and protecting personal wealth and business interests across various industries. They have strong connections with other professional services firms to ensure clients receive the best legal services tailored to their individual needs. Unlike national law chains, they offer personalized services with the same lawyer handling your case from start to finish, ensuring efficient, cost-effective, and high-quality service.
Property owners or tenants should expect a formal process to resume their land, before abandoning property prematurely.
Australia Real Estate and Construction

Lawyer Ian Neil, who has handled land resumptions for decades, said recent rapid growth in south-east Queensland had meant a "flurry of activity" involving various government departments acquiring land and properties for infrastructure.

"The last two or three years the authorities have, rightly or wrongly, notified property owners of intentions to take property ... but that's not a formal process," Mr Neil said.

"It's important to find out whether or not a formal notice of intention to resume was issued.

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"If the property owner or tenant jumps the gun to such an extent that they've abandoned their tenancy and acquired another property, then the constructing authority can say 'well you've done that prematurely and we don't have a legal obligation to reimburse the costs incurred'."

He said anyone who received a resumption notice should seek legal advice.

"The first step is to respond to the the authority and say, 'Well, I need to get advice — do you confirm agreement to pay or reimburse or reasonable costs'," Mr Neil said. If the authority says no, say:

'Go through that formal process. Until you start that formal process don't bother talking to me'."

If you are faced with land resumption, we recommend seeking legal advice. To discuss your circumstances call 3370 5100 or email info@mdl.com.au.

Read the full article regarding Land Resumptions in Caloundra impacting small business on ABC News.

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