Development control orders (DCOs) are powerful instruments that are used to regulate development and land use within local government areas. In New South Wales, the provisions relating to DCOs, including their issue and enforcement, are contained in the Environmental...Read More
Compulsory acquisition of land (also known as ‘resumption’) refers to the right of the Government or a delegated authority such as a local council to acquire privately owned land for specific purposes. Compulsory acquisition can impact homeowners, tenants, and...Read More
Unfortunately, disputes between neighbours are some of the most common legal disputes in Australia. Often these disputes arise because of shared fences, overhanging trees, and property boundaries. This article looks at how to resolve a dispute over a dividing boundary...Read More
In New South Wales, a Voluntary Planning Agreement (VPA) is a legal agreement between a developer and a local council or state government agency, setting out the contributions or benefits that the developer agrees to provide in return for development approval. VPAs...Read More
We’ve all heard of the saying “love thy neighbour”, however it is sometimes difficult to feel this way if your neighbour is breaching residential noise restrictions or if you are in the middle of a boundary or fencing dispute. It’s easy to feel...Read More
Understanding what a covenant is and how it affects your property forms an important part of the due diligence process for a conveyancing transaction. Covenants can also impact the way you wish to use or develop an existing property. Generally, there are two types of...Read More
An encroachment occurs when part of a building or fixture from one property intrudes onto adjoining land. The encroachment may simply overhang or be physically attached to the adjoining property. Examples include overhanging tree branches or awnings from a neighbour’s...Read More
If you are involved in a planning dispute, whether as a developer or objector, it may be necessary or beneficial to retain an expert witness. The role of an expert witness in a dispute is to provide objective, qualified, documented evidence of the facts in dispute....Read More
Many people have heard of an easement, but what is it? In general terms, it is a right to use property belonging to someone else. Ordinarily, we think of property rights as sacred – why should anyone else be able to use my property? However, an easement is an...Read More
Subdivision involves the partition of a parcel of land into smaller portions. Once land is subdivided, a ‘title’ is created for each new portion which can be separately sold and transferred. A subdivision may range from the creation of separate titles for a dual...Read More
