What to Consider When Your Property Is Being Resumed

A notice about resumption of property may come as a shock and you will have a lot of questions that need to be answered.

Whether it’s for a new highway, railway expansion or public infrastructure project like a hospital or school, the property resumption process can be complex and stressful. What’s most important is understanding what’s involved and what your rights are.

Firstly, you need to know that Government agencies must follow strict procedures when resuming land, but they don’t always offer the best possible financial deal upfront. By having an idea of what to look out for, you can protect your interests and negotiate the compensation you deserve.

Here are the key things to consider when facing resumption of property.

    1. Exactly what is being claimed

    To ensure you receive fair compensation, you need to understand:

    • What is actually being taken – Is the government acquiring part of your land or the entire property?
    • Whether a full buyout is necessary – In some cases, you may be better off negotiating for the government to purchase the entire property rather than just a section.
    • The impact on your property – If only a portion is resumed, how will the remaining land be affected?

    For example, if a major freeway is being built through part of your land, you may no longer want to live next to constant noise and heavy traffic. If the resumed land significantly impacts the usability or value of the remaining portion, you may have grounds to request a full acquisition.

    Take the time to figure out in detail exactly what the resumption will involve and whether you will need to relocate entirely as part of the process.

    2. How resumption will affect your future

    Beyond financial compensation, it’s important to consider how property resumption will impact your long-term plans and quality of life.

    Ask yourself:

    • Will this affect my lifestyle? If your life and well-being are closely tied to your home, how disruptive will the change be?
    • Is my business at risk? If you run a business from your property, how will the resumption impact operations?
    • Am I prepared for the emotional impact? Leaving a family home or investment property can be difficult, even if you receive fair compensation.

    By thinking beyond the immediate financial aspects, you can make informed decisions that align with your personal and professional future.

    3. What a fair price looks like

    Government agencies rarely start with their highest offer. While it may be tempting to accept the first amount proposed—especially if you’re excited about moving on—doing so can result in you missing out on money you deserve.

    To ensure you receive the compensation you’re entitled to:

    • Request an independent valuation – Hiring a licensed property valuer can help you determine the true market value of your land and home. This is particularly important if the government’s valuation seems low.
    • Account for additional costs – The government must provide compensation to cover the following:
      • Relocation expenses
      • Legal and professional fees
      • Stamp duty on a replacement property
      • Any loss in business income (if you run a business on the property)
    • Negotiate with the help of an expert – Once you have an independent valuation, you’ll have stronger grounds to negotiate a fairer deal but it helps to have the backing of someone who is very experienced in this area.

    The key takeaway? Don’t assume the government’s first property resumption offer is the best you can get.

    4. Who can support you

    Most people will only go through property resumption once in their lifetime—if ever. Since it’s a legal process with many complexities, getting professional advice is essential. A lawyer who specialises in property resumption can:

    • Explain your legal rights and options
    • Guide you through the negotiation process
    • Ensure you receive fair market value and compensation
    • Help you dispute an unfair resumption if necessary

    Some property resumption cases can be resolved quickly, while others may require prolonged negotiation or legal action. Having an experienced lawyer in your corner can make all the difference in securing the best possible outcome.

    5. When to take action

    Once you receive a property resumption notice, time is limited. Delays in responding could weaken your negotiating position or lead to a less favourable outcome. However, that doesn’t mean you should rush into a decision.

    If you have received a resumption of property notice:

    • Gather as much information as possible before engaging in negotiations.
    • Consult professionals (property valuers, legal experts, and financial advisors) to ensure you're making informed choices.
    • Stay engaged in the process – don’t leave negotiations solely in the hands of government agencies.

    By acting quickly but carefully, you can ensure you get the best possible deal.

    You have rights as the land holder—and you don’t have to settle for less than what you deserve. Understanding the process, negotiating effectively and seeking professional advice can help you secure fair compensation and make the transition as smooth as possible.

    If you or someone you know is affected by property resumption, it’s worth seeking legal and valuation advice early. The right guidance can make all the difference in protecting your financial future.

    Play Video

    Resumption of Property: NPR Law can help

    If you have any questions or would like us to help you manage the resumption of your property, call us on 07 3555 6333 or contact us here.