When parents lend money to their adult children to help them buy property, the arrangement often begins with the best of intentions. However, life’s uncertainties—such as divorce, property settlements, or financial hardship like bankruptcy—can complicate matters, leaving
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Alexakis v Wan [2021] NSWCA 172: Clarifying Payment Deadlines in Property Contracts
Oct 23, 2024
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In Alexakis v Wan [2021] NSWCA 172, the New South Wales Court of Appeal examined the importance of strict adherence to payment deadlines in property contracts and the consequences of failing to meet essential time requirements. The case involved the sale of a residential property in Sydney, and the ...
Dispute over Property Access and Trespass: Hill v Wirepa - A Case Study
Oct 02, 2024
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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 rig...
First Home Buyers - read on ...
Jul 03, 2023
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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 FHBAS grants exemptions ...
What came first - the mortgagee's power of sale, or the owner's alleged sale?
May 16, 2023
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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 commenced by ProLen...
When a husband forges his wife’s signature for the sale of their property
Feb 01, 2023
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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 ...
Why getting your full legal name correct is so important
Oct 04, 2022
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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 cla...
Alleged abandonment and obsolescence of a dunny lane easement
Aug 31, 2022
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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 initially e...
Just because you do, doesn't mean you can!
Oct 09, 2019
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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?
What...
The Court's power to create an Easement - and the requirement not to be "foolish, irrational or unreasonable" in the process
Jun 19, 2019
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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 ran ...
Your obligations regarding maintenance of the property you have just sold
Jan 17, 2019
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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 is no lo...
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.