‘No good can come from a circumstance in which a local government body takes action to foster the development of its area without also being willing and able to fund the action it has contractually promised to undertake’ is the opening…
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….
In the recent NSW Supreme Court decision of Maloney v Putu Pty Ltd [2023] NSWSC 1148, the Court granted an easement by prescription over the defendant’s land to formalise the plaintiff’s right to use an access road which the plaintiff,…
How much ‘disturbance’ is required before compensation is payable when land is compulsorily acquired?
26 Sep, 2023
Given the significant number of public infrastructure construction projects at all levels of government – and particularly with large projects such as Sydney Metro, Western Sydney Airport, and WestConnex – the law regarding the compulsory acquisition of rights and interests…
Do positive covenants run with the land?
5 Jun, 2023
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…
The Conveyancing Act 1919 (CA Act) and many contracts for the sale of land provide for circumstances where a party can rescind or terminate the contract prior to completion. One of those reasons is outlined in section 66L of the CA…
The tort of nuisance provides common law protections for owners and users of land against substantial and unreasonable interference by others with their use and enjoyment of the land. This usually includes things like preventing neighbours from creating loud noises,…
Risks of Relying on Caveats
2 Dec, 2022
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…
The Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) provides that an owner of an interest in land which is divested, extinguished or diminished by a compulsory acquisition is entitled to compensation. The NSW Court of Appeal has…
A recent decision of Kunc J in the Supreme Court is a timely reminder of the nature of the rights conferred under a right of way. In Au v Berlach, the Court was asked by the Plaintiff to make a…