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…

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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…

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Compulsory acquisition – what is an interest in land?

9 Aug, 2022

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…

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