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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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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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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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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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Just because you do, doesn't mean you can! easements property property law supreme court Oct 09, 2019

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...

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The Court's power to create an Easement - and the requirement not to be "foolish, irrational or unreasonable" in the process easements litigation property property law Jun 19, 2019

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...

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Your obligations regarding maintenance of the property you have just sold property property law purchasing property selling property Jan 17, 2019

Picture this – you advertised your property for sale, endured countless open houses and inspections, and finally, someone offered you a price which you accepted, contracts exchanged, and now the packing begins before you move out on settlement.

You could be forgiven for thinking that there...

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