Land Purchase & Development

Legal advice before you buy or develop land

Buying bare land or property for development can involve considerably more due diligence than purchasing an established home.


Access, services, easements, covenants, planning restrictions and the proposed use of the land can all affect whether a property is suitable for what you intend to do.


At Smith and Partners, we help individuals, investors and developers understand the legal issues before committing to land or a development project.

Common land and development matters


We regularly assist with:


  • Bare land and section purchases
  • Development sites
  • Property due diligence
  • Agreements for Sale and Purchase
  • Easements and covenants
  • Access and title issues
  • Development structures
  • Property finance
  • Development agreements
  • Subdivision considerations

Due diligence before purchasing land


A piece of land may look suitable for your plans but have legal restrictions or interests registered against the title that affect how it can be used.


Before committing to a purchase, appropriate due diligence can help identify potential issues and determine whether the property is suitable for your intended purpose.

Easements, covenants and title restrictions


Easements may provide rights relating to access, services or use of neighbouring land, while covenants can restrict how a property may be developed or used.


We can review the title and relevant documents and explain what they mean for your proposed purchase or development.

Structuring your property development


The way a development property is purchased, owned and financed can have long-term implications.


We can work alongside your accountant, lender, surveyor and other professional advisers to ensure the legal structure supports the project you're undertaking.

Why seek advice early?

Obtaining advice early can often prevent a dispute from escalating. It can also help you:


  • Understand your contractual rights and obligations
  • Assess the strength of your position
  • Preserve important evidence
  • Identify opportunities for early resolution
  • Minimise financial and commercial risk


Our goal is to provide clear, practical advice that gives you confidence to make informed decisions and achieve the best possible outcome.


How Smith and Partners can help

Our Property Law team provides practical advice throughout land purchases and development projects, from initial due diligence and acquisition through to development, subdivision and sale.


If you're considering buying land or undertaking a property development, contact us early so we can help identify the legal issues before you commit.

Frequently Asked Questions

  • What should I check before buying bare land?

    The appropriate checks depend on the property and your plans, but may include the title, easements, covenants, access, services and other restrictions affecting the land.

  • Can a covenant restrict what I build?

    Yes. Land covenants can contain restrictions relating to building, use and development. The specific wording needs to be reviewed to understand how it affects the property.

  • Do I need a lawyer before making an offer on development land?

    Getting advice before signing allows appropriate due diligence and other conditions to be considered before you become committed.

  • Can Smith and Partners help with the subdivision later?

    Yes. Our Property team can assist with both the initial land acquisition and the legal aspects of subdivision and development.

Helping you navigate property decisions

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