Resumptions

Government Resumptions

Do any of these describe your situation?field

  • You have received a notice of partial or total resumption of a property that you lease, own or have contracted to buy. 
  • You have received notice of a partial resumption of a property you own or lease accompanied by works and an increase in traffic noise or other detriment to the property.
  • You have received notice of a volumetric resumption of the land underneath your property.

 

If they do, we can help. In fact there are many different resumption scenarios in which we can assist you.

In general terms a resuming authority is obliged to pay for any loss of value of the resumed property.

Did you know there are other amounts you can also claim? These will in most cases include the cost of finding and moving to a replacement property along with reasonable legal and valuation fees associated with the resumption.

 

Why use us?

The law recognises that you are entitled to know your rights and allows you to include the cost of obtaining advice concerning your rights in your claim.

Unlike other states, Queensland only allows claims for pure economic loss and does not allow you to claim for stress or non-financial disadvantage resulting from a resumption. You should therefore take advantage of our expertise in this area to allow you to lawfully maximise your claim whilst including legal fees in the amount claimed.

We have handled many resumption matters and have in place a good network of contacts to help ensure your matter will run as smoothly and quickly as possible without falling into some of the pitfalls and traps in these matters.

Valuers are a necessary, but not the only, part of the puzzle in resumption matters. We help co-ordinate all of the experts together and ensure they are preparing their reports on a proper and sustainable basis.

In many cases a claim should not be merely based upon the “as is” market value of a property. The development potential of the property that existed prior to resumption may well need to be investigated to maximise your claim. We know and work with a range of experts who practise in this area and can assist in quantifying the extent of your loss, including valuers, town planners, noise engineers, soil experts, structural engineers, accountants, barristers and traffic engineers.

If a claim cannot be settled with the resuming authority the matter can be referred to the Land Court for determination. In this case the evidence is required to be produced in accordance with the Court rules. We ensure that any advice and reports obtained at the outset comply with these rules rather than requiring further reports (the cost of which may not be allowed to be included in your claim.)

Whether you are a property-owner, a tenant or have contracted to buy a property which is subsequently resumed, if you are affected by resumption we can explain your rights and protect your interests.

Act Now!

Changes to the Acquisition of Land Act (Qld) introduced by the Government in 2009 have set strict time limits within which you must make your claim, so don’t delay in seeing us to ensure your rights are protected.

 

Road Closures

It is possible to apply to the State to acquire an unused road which is adjacent to your property pursuant to section 99 the Land Act. 

Whether the application is successful will depend on the current use, objections from the community and other land owners, future plans for the road and the Government policy at the time.