Searched: "easement"
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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, ...
As part of the normal conveyancing process, the purchaser will make enquiries with the vendor about the Title of the property. These are referred to as “requisitions on title”. The purpose of requisitions is to ask the vendor information which may not have been disclosed in the contract or disc...
