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Can you be bound by a written agreement even if you claim you didn’t sign it, and the signature on it is a forgery? estoppel loan agreements mortgage property Jan 17, 2024

Well Nigh Funding No 1 Pty Ltd v Tang [2023] NSWDC 564

This matter concerned a lender seeking to recover the outstanding balance of a 2017 loan it made to the defendant, after the defendant made some repayments (including the net proceeds of the sale of the security property at Parramatta) but...

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Can you protect your view? easements neighbours nuisance property supreme court Oct 04, 2023

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...

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First Home Buyers - read on ... first home buyer property property law Jul 03, 2023

With this new financial year 2023/24 comes changes to various schemes with Revenue NSW.  So if you're a first home buyer in particular, read on - the following changes apply to contracts that are exchanged on or after 1 July 2023:

1. First Home Buyers Assistance Scheme

The...

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When is a property landlord ready, willing and able to settle the sale? lease property purchasing property selling property supreme court May 29, 2023

If there are ever any delays with completion (or settlement) of a property sale, the party seeking to recover a remedy against the other party must show that as at the original settlement date, ït was "ready, willing and able" to settle.  If it wasn't, then it cannot seek...

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What came first - the mortgagee's power of sale, or the owner's alleged sale? caveat conveyancing loan agreements mortgage power of sale property property law real property act supreme court May 16, 2023

The Supreme Court of New South Wales has just handed down its decision dealing with the competing claims of a contract and a caveat - for a residential property at Bradman Road, Menai.

ProLend Solutions No. 123 Pty Ltd v Karout [2023] NSWSC 490 (8 May 2023)

The proceedings were...

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When a husband forges his wife’s signature for the sale of their property authority property property law selling property Feb 01, 2023

Jargo v Patterson [2022] NSW 1049

The transaction

The purchasers claimed that they entered into a valid and binding contract for the purchase of a property at Burwood in Sydney from the husband and wife owners for a purchase price of $4,507,000, however the owners denied that the alleged contract...

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First Home Buyer choice - one-off or annually? first home buyer property purchasing property Dec 04, 2022

What?

On 11 November 2022, the NSW State government passed the Property Tax (First Home Buyer Choice) Act 2022 (“the Act”) which provides first home buyers with alternatives when paying stamp duty.

The Act provides first home buyers with the choice of either:

1. paying stamp duty at...

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Attempting to sever a joint tenancy by relying on a Power of Attorney estate planning estates power of attorney property real property act Nov 10, 2022

If you are appointed as a substitute attorney under a Power of Attorney, ensure that you are validly entitled to act if the first appointed attorney is unable or unwilling to so act, and that you are acting within the scope of your designed power.  These issues, and more, were...

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Considerations when requesting a retail landlord's consent to assignment of the lease business landlord lease property retail lease retail leases act tenant Oct 11, 2022

 If you are a retail tenant, and you wish to sell your business (and assign your lease to the business purchaser), or for any other reason, you wish to assign or transfer your lease to another party, then depending on the terms of your lease, you may need to obtain the prior consent of the...

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Why getting your full legal name correct is so important property property law selling property Oct 04, 2022

As you can imagine, when entering into a legal transaction, whether it be a lease, a contract or a Deed, it is vital that your correct legal name is used.

Whilst it might seem obvious, the reason for this is to ensure that the person named in the documents can be easily identified as the person...

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Changes to the Contract for Sale and Purchase of Land conveyancing property selling property Sep 15, 2022

The 2022 edition of the Contract for the Sale and Purchase of Land has just been released by the Law Society of New South Wales, with the amendments to the previous edition mostly prompted by the commencement of the Conveyancing (Sale of Land) Regulation 2022 on 1 September 2022.

...

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Alleged abandonment and obsolescence of a dunny lane easement easements property property boundary property law supreme court Aug 31, 2022

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...

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