Searched: "easement"
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Few things sour a neighbourly relationship faster than a fence. And one of the most common and most costly mistakes a property owner can make is to assume that the fence marks the legal boundary and that whatever is on “their” side of the survey line is theirs to deal with as they please. A recen...
A recent Appeal Panel decision of the NSW Civil and Administrative Tribunal (Take Two Seven Pty Ltd v Hewson Properties Pty Ltd [2025] NSWCATAP 1) has confirmed that a lessee’s claim to the entire basement of a leased commercial premises can be defeated where the terms of the lease and supporting...
In a recent decision of the NSW Supreme Court, Hederics v Spare Weel Pty Ltd [2025] NSWSC 1171, Justice Williams considered the breakdown of a farming partnership and a subsequent dispute over land ownership – raising important questions about proprietary estoppel, boundary realignment, and impli...
Property disputes between neighbouring landowners can often lead to complex legal battles. Such is the case with Hill v Wirepa, a dispute over access to rural land in Hastings Shire, west of Port Macquarie, New South Wales. This case revolves around allegations of trespass and misuse of property ...
Imagine that you have just purchased your dream property, complete with a picturesque view of the harbour. Until one day, your neighbour directly in front of you decides it's time for them to expand their family, and so they build another storey on top of their house, effectively blocking your vi...
The Supreme Court Court of Appeal has handed down its decision in relation to an L-shaped easement, granting one property owner (#8) a right of way over the rear and side of the neighbouring property (#6) to enable access to the street. This right of way in Birchgrove (inner Sydney) was initiall...
Just because you’ve always done it doesn’t mean you’re actually allowed to. When talking property, you would think that ownership and the right to access land would be clear cut, but quite often that’s not the case. Who owns the laneway that cuts between your house and the neighbour’s house? W...
A 2018 decision by the Supreme Court of New South Wales reinforces the fact that if there is an obvious encroachment on your property over a number of years, it cannot later be denied that an existing use exists. The matter of Rawson v Studholme [2018] NSWSC 1764 dealt with a right of way that r...
Property purchasers and especially real estate agents should take note of a Supreme Court decision handed down last week in relation to representations made regarding a property’s right of way (aka “easement for carriageway”), and whether the property owners had the right to park on the right of ...
There are a number of reasons why it’s a good thing to know your neighbours and be on good terms … but one situation that may not come immediately to mind is when you want to renovate or develop your property.  Having a good relationship with your neighbour can be the difference between a quick, ...
