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Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.

68 guides

Civil & Property

Possession and an injunction against interference

Explain who occupies the property, how occupation began and the specific interference complained of. Possession and title issues may require different or combined…

1 min read · Legal guide
Civil & Property

Temporary injunctions in a civil property case

An interim application asks for protection while the suit is decided. The requested direction should be specific and supported by the relevant facts.

1 min read · Legal guide
Civil & Property

Permanent injunctions and final relief

A permanent injunction is final relief after the legal requirements are established. It should not be confused with an interim restraint during a pending suit.

1 min read · Legal guide
Civil & Property

A declaration of property rights

A declaration suit should identify the legal character or property right to be declared. The court must also consider whether further relief is required.

1 min read · Legal guide
Civil & Property

Challenging or cancelling a property instrument

Identify whether the claimant executed the document, what defect is alleged and what legal consequence is sought. Different situations may require different relief.

1 min read · Legal guide
Civil & Property

Partition of jointly claimed property

Begin by identifying the property, each claimed share and the legal route by which the parties acquired it. A family relationship alone does not establish joint…

1 min read · Legal guide
Civil & Property

Sale by one co-owner

A co-owner's transfer must be examined against the interest that person can lawfully convey. A sale of a claimed share should not casually be described as…

1 min read · Legal guide
Civil & Property

Boundary disputes and property identification

Reconcile the legal description with the site before treating a disagreement as encroachment. Area, survey number, boundaries and maps should be read together.

1 min read · Legal guide
Civil & Property

An encroachment allegation — preserving the site record

Document the alleged change and obtain advice on the lawful remedy. Do not remove structures or use force on the strength of a general title assertion.

1 min read · Legal guide
Civil & Property

Long possession and an ownership claim

Length of occupation alone should not be treated as a title certificate. The legal character and history of possession are central to any limitation-based claim or…

1 min read · Legal guide
Civil & Property

A power of attorney in a property transaction

A power of attorney grants authority within its terms; it should not be mistaken for the conveyance itself. The agent's authority and the owner's title both…

1 min read · Legal guide
Civil & Property

Gift of immovable property — documentation questions

Identify the property, donor's ownership and proposed recipient, then check the governing gift law. A family relationship does not remove all formalities.

1 min read · Legal guide

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