As most people never have to deal with land resumption, many homeowners have little to no idea what it means or what it’s even about.

If a government authority advises you that they intend to resume your property for roadworks or construction projects, you’ll need to understand the process and what to do next.

This article digs deeper into land resumption, so you know what to expect and how hiring a lawyer will help.

What is compulsory acquisition?

When governments plan major infrastructure projects such as building highways, they need to acquire land to facilitate the project. Some land will already be government-owned, but other land is privately owned. If you own land in the construction corridor, government authorities will issue you with a compulsory acquisition order.

Therefore, if your property is the subject of a resumption, you’ll receive a notice of intention to resume. At this stage of proceedings, you have the opportunity to object on limited grounds. Alternatively, you can accept and not challenge the notice of intention to resume.

If there are no objections, there will be a “Taking of Land Notice” published by the constructing authority. This is a significant document because, at this stage, the ownership of the land (the subject of the resumption) will pass to the constructing authority. From this date, the landholder can claim compensation for the loss of the property value.

The land resumption process

There are usually a few months of public consultation before the land resumption process commences, giving affected homeowners a chance to learn what’s going to happen. Here are the key stages of land acquisition:

Step 1: The notice of intention to resume

You’ll receive a formal notice of intention to resume your property.

Step 2: Appointing a lawyer and valuer

At this stage, you need to appoint a lawyer and a property valuer. The government authority will cover any reasonable fees for both lawyers and valuers. You can also consult with your lawyer and valuer if you wish to investigate objecting to the resumption.

Step 3: Working out compensation

Numerous factors go into working out compensation for land resumption. These include deciding what the property is worth and any reasonable costs you incur in replacing that property. You have three years to work this out.

Step 4: The agreement

Once you agree with the government authority, they’ll either purchase your land like a regular property conveyance or pay you for the land if they’ve already acquired it.

Step 5: Your next purchase

Depending on whether the property is your own home or an investment property, you’ll want to invest your compensation for land resumption into another property.

Why you need expert help during a land resumption

When affected by compulsory land acquisition, one of the key components is that you’re entitled to representation by a lawyer and a property valuer. It’s the responsibility of the valuer to ensure you receive a fair market value price for your property. The lawyer is there to help you get all that your entitled to and deserve, and to negotiate with the government authority.

How do you know what you don’t know? This is why you’ll want to be expertly represented in a resumption case.

Here’s a primary example illustrating how trying to do it yourself can backfire.

One of our clients attempted to deal with the resuming authority herself and thought she was getting a good deal when they offered her money for her property. She wasn’t.

We advised her to seek a second opinion, so she hired an independent valuer. The valuer investigated local sales and found a sale that justified a 10% increase in her property’s value. In addition to this, she was entitled to other disturbance items she didn’t know about. In the end, we were able to get her compensation that was around 15% higher than she was originally offered.

No land resumption process is pleasant to go through. It can be stressful. That’s why at NPR Law we help take the weight off your shoulders and ensure you get fair compensation for the resumed land.

How to get your property ready for resumption

There are a few things you can do to prepare your property for resumption, once you hire a lawyer and valuer to conduct the process on your behalf.

Property maintenance

You might think there’s little point in maintaining the lawns and gardens when the government is acquiring your property anyway. However, it’s important to upkeep gardens and lawns to receive the highest property valuation possible. Properties with out-of-control lawns and garden beds overgrown with weeds look unsightly. It’s to your benefit to present a well-maintained property so that it achieves the best possible valuation.

De-clutter your home’s interior

Just as the exterior of your home needs to look its best, so does the inside of your house. Therefore, make a point of de-cluttering before property valuation takes place. Uncluttered homes feel more spacious, and may attract a higher price than those filled with stuff. It will also make things easier when you’re packing up and moving out of the property.

Renting your resumed property and smoke alarms

As a part of your compensation claim, you may be allowed to rent the property back for some time from the governing authority. This all depends on exactly when the authority needs your property. This effectively means the governing authority becomes your landlord until you move out. For this to be viable, it’s a requirement by law that the property has compliant smoke alarms. If a rent back is something you would like included in your claim, then it’s a good idea to get the smoke alarms installed before proposing this to the authority.