All publications relating to ‘Property’
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…
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…
Connectivity turbo charges growth opportunities
Australia has notched up 103 successive quarters of economic growth. It’s 26 years since we had a recession, making us a global leader in terms of growth. Growth is important for any business, and it’s the lifeblood of the property sector. There have always been two key pillars of property growth; the population itself and…
Approach to classifying land as “residential” or “business” is confirmed
Approach to classifying land as “residential” or “business” is confirmed: Karimbla Properties v Council of the City of Sydney; Bayside City Council; and North Sydney City Council [2017] NSWLEC 75 Why is Karimbla important? Justice Sheehan confirmed the approach to determining when to categorise land as “residential” under section 516 of the Local…