All publications relating to ‘Property’
Gaining control — what you can do under the new strata renewal legislation
Although Part 10 of the Strata Schemes Development Act 2015 commenced on 30 November 2016 (Part 10), the intricacies of the technical workings of Part 10 have still not been fully tested or considered by the Courts. This is testament to the fact that Part 10 requires a lengthy, convoluted and highly…
The construction industry, current state of play in NSW
There has been a flood of articles and commentary from all corners of the construction industry since the highly publicised ‘Opal Towers’ incident. This article is not intended to posture again over the potential rights of the Opal Tower residents (questions which many strata owners have faced before) but to look…
Priority Notices: Prudent or Impractical?
With the deadline for mandatory e‑conveyancing fast approaching, conveyancing in New South Wales has unequivocally entered the digital age. And while the change from ‘paper’ conveyancing to online platforms gives practitioners the opportunity to streamline their services and potentially pass on costs savings to clients, it also creates new potential problems…
A Caveat on Caveats
When used correctly, caveats can be an important ally in your security arsenal. Loaned someone money? You should consider a caveat. Contracted to purchase real estate? You should consider a caveat. You get the idea. A person seeking the protection of a caveat is called a “caveator”. A caveat is used to protect a caveator’s legal…
Use it or lose it; a recent case on the law of adverse possession
In New South Wales law it is possible for you to become the owner of land by ‘adverse possession’. Adverse possession, also known as ‘squatters’ rights’, allows someone to legally take ownership of land they have occupied exclusively for at least 12 years. In other words, it is essentially a case of…
The GST withholding régime starts July 2018 — A look at the transactions to which it will apply
The new GST ‘withholding’ régime for sales of new residential properties and vacant residential lots will apply from 1 July 2018 onwards. WHY The changes are an anti-avoidance measure to prevent developer companies from selling properties for a purchase price that includes GST and then dissolving their business before they are liable to…
Is a “Transfer Granting Easement” enough to satisfy a deferred commencement condition?
Is a “Transfer Granting Easement” enough to satisfy a deferred commencement condition? Mauro Poletti v Inner West Council [2017] NSWLEC 1325 Why is Poletti important? This case confirms that registration of an easement is required to give certainty and it is reasonable for the easement to be required to be registered prior to the…
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’: Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78 Why is Carlewie important? The Applicant ran some interesting arguments on valuation approaches in this matter, and the Court has made it clear that section 5…
Construction related impacts should be considered in staged development applications
Construction related impacts should be considered in staged development applications: Bay Simmer Investments Pty Ltd v State of New South Wales [2017] NSWCA 135 Why is Bay Simmer important? Bay Simmer clarifies the interpretation of section 83B of the Environmental Planning and Assessment Act 1979. To be a staged development application, the application must…
A condition using the term “Applicant” can impose a restriction related to the identity of the user
A condition using the term “Applicant” can impose a restriction related to the identity of the user only – and may not “run with the land”: Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38 Why is Dravin important? We are probably all a bit lazy about throwing around phrases like “in rem” and…