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An easement that prevents a landowner’s reasonable use of land is not an easement
Every easement is a form of interference with the ordinary use of the servient land. However, a right cannot be an easement if it is so extensive that the landowner of the servient tenement is effectively ‘ousted’ from the land…
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Half-width roads – What options are available to local councils?
A significant issue regarding the construction of precinct-planned roads in new development areas is the construction of half-width roads. Provision of new local roads In NSW, where a local council has identified particular local roads to service its wider area,…
REMINDER: When might interference with an easement be lawful?
Easements are interests in land that allow a person – usually the owner of specified land or a public authority – to use land which they do not own for a specific purpose such as access, drainage or water supply….
Overview of Revised NSW Local Planning Agreements Practice Note
The Department of Planning and Environment is publicly exhibiting a document titled ‘Local infrastructure contributions practice notes‘ (Draft VPA Practice Note) as part of its set of new infrastructure contribution practice notes. The Department is seeking feedback until Friday 23…
ALERT: Bill for Housing & Productivity Development Contributions Scheme Passed by Parliament
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 which was introduced into the NSW Legislative Assembly on 23 May 2023 was passed by Parliament on 28 June 2023. It is currently awaiting assent and will commence on…
Do positive covenants run with the land?
A recent case in the NSW Court of Appeal has considered whether a positive covenant for the payment of money that is registered on title runs with the land and is binding on successors in title. General rule in relation…
Risks of Relying on Caveats
The recent Supreme Court case Kitanovski v Ibraham [2022] NSWSC 1232 provides a reminder that the registration of a caveat on title to protect an unregistered interest in land is ultimately less secure than a registered interest in land and…
Court upholds Aboriginal Land Claim over former Waverton Bowling Club
The Land and Environment Court (LEC) has found that the land of the former Waverton Bowling Club is ‘claimable Crown land‘ under s36 of the Aboriginal Land Rights Act 1983 (ALR Act) and has ordered that it be transferred to the…
Final transition to e-conveyancing coming on 11 October 2021
For some years now, the NSW Government has been effecting changes to property and conveyancing laws to transition from a paper-based conveyancing system to an electronic one. On 11 October 2021 (‘Cessation Day‘), two major reforms will come into force…
Discussion Paper on the Local Government Tendering Regulation Review
Earlier this month, the Office of Local Government published a discussion paper titled ‘Local Government Tendering Regulation Review‘ (‘Discussion Paper‘) concerning the tendering provisions in Part 7 of the Local Government (General) Regulation 2021 (‘Regulation‘). The Discussion Paper proposes amendments to…
ALERT: Amendment to Crown Land Management Regulation – Removal of POM Adoption Deadline
On 4 June 2021 the Crown Land Management Regulation 2018 (CLM Regulation) was amended to remove the deadline for councils managing Crown land (Council Crown land managers) to adopt plans of management for that land by 30 June 2021, and removing…
ALERT: Independent Statutory Review of Crown Land Management Act 2016
The Crown Land Commissioner, Professor Richard Bush, is undertaking an independent statutory review of the Crown Land Management Act 2016 (CLM Act) and has published a discussion paper seeking the public’s input into the review. About the statutory review The Commissioner was…