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Your fence is not your boundary: when a neighbour pulls it down boundaries dividing fences act (nsw) easements encroachment neighbours property May 13, 2026

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 recent d...

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"You Are My Tenant": When a Family Promise About a House Can't Be Proved co-ownership conveyancing ncat property real property act tenant trusts Apr 22, 2026

Families help each other out, especially when money is tight. A relative steps in, buys the house so the bank can’t take it, and everyone understands or thinks they understand that the arrangement is temporary and that the family will get the home back one day. Years pass. Nothing is written down. A...

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Can a Strata Committee Use the Capital Works Fund for Private Benefit? ncat property strata strata scheme strata schemes management act (nsw) Mar 11, 2026

Strata disputes in small schemes often arise not from major building defects, but from everyday decisions about maintenance and expenditure. A 2021 decision of the NSW Civil and Administrative Tribunal (NCAT), Taylor v The Owners Strata Plan No 53919 [2021] NSWCATCD 2, provides important guidance fo...

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The owners corporation's obligations regarding water damage nsw civil and administrative tribunal (ncat) property strata scheme strata schemes management act (nsw) Feb 18, 2026

Strata disputes involving water damage are increasingly common in New South Wales, particularly as many strata schemes age and infrastructure deteriorates. Section 106 of the Strata Schemes Management Act 2015 (NSW) imposes a strict duty on the Owners Corporation (OC) to maintain and repair common p...

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When family decides to develop property together co-ownership property Jan 28, 2026

In the ever-evolving landscape of Australian property law, few cases illustrate the practical application of equitable principles in co-ownership disputes better than Parkas v Shankar [2025] NSWSC 1140. This New South Wales Supreme Court decision explores a long-standing family property dispute that...

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Branches dropping from neighbouring trees - the Oyster Bay dispute neighbours property Jan 07, 2026

Disputes over trees growing on a neighbouring property can be emotionally charged and legally complex. Homeowners often face difficult questions when overhanging branches or falling limbs cause damage or raise concerns about safety. In these situations, Part 2 of the Trees (Disputes Between Neighbou...

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When property co-ownership turns to conflict co-ownership estoppel partnership dispute property Dec 10, 2025

Disputes involving property co-ownership and informal business relationships are not uncommon. When personal relationships overlap with investment arrangements, the risk of unclear obligations and future disagreements rises significantly. The recent Supreme Court of New South Wales decision in Kyria...

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Common intention and family property disputes deceased estates estates probate property trusts Oct 15, 2025

When informal family arrangements intersect with substantial financial contributions and property ownership, disputes can often arise following the unexpected death of a family member. The Khoury family case, recently dealt with by the Supreme Court of New South Wales, provides a detailed analysis o...

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Tribunal Confirms Limits of Leaseholder’s Rights Over Basement Area: Take Two Seven Pty Ltd v Hewson Properties Pty Ltd [2025] NSWCATAP 1 business commercial lease lease property Oct 08, 2025

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 do...

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When Land Promises Fall Through: Proprietary Estoppel, Contractual Duties and Boundary Realignment in NSW Property Law business business agreement property Oct 01, 2025

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 implied ...

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Pamplin v Irwin – Lessons for Business Owners from a Complex Family Dispute business deceased estates estates family trust property supreme court Aug 06, 2025

When family and business interests intersect, the consequences can be legally and financially significant. The Supreme Court Court of Appeal decision in Pamplin v Irwin [2024] NSWCA 213 illustrates how informal arrangements, unclear ownership structures, and a failure to document agreements can resu...

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When a property deal falls over - risks for purchasers conveyancing property purchasing property supreme court Jun 11, 2025

In a recent Supreme Court of New South Wales decision, STM123 No. 16 Pty Ltd v Wang [2025] NSWSC 444, the Court considered the financial consequences of a purchaser’s failure to complete an off-the-plan luxury apartment purchase. With a purchase price of $16.5 million, the case illustrates the serio...

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This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.