Neighbour Sues Over Tree… But Where Is The Tree?
In a recent case, a dispute arose surrounding a mature Blackbutt tree. A man on one property had lived in his house for many years. The neighbour of the adjoining property had purchased and moved in only recently. The new neighbour knocked down the original house on his land and built a large house and a granny flat near the boundary of the two properties. This granny flat was built underneath the Blackbutt tree. It dropped branches from time to time. One day, a falling branch caused damage to the roof of the new granny flat. The owner of the [...]
Purchasing Property off the Plan? 4 Tips your Solicitor Should Look out for!
Home hunters will know that properties are often sold before they are actually constructed. This is referred to as buying “off the plan” and it works for people who want to secure the current market price of a property. With property prices in Sydney on the rise this has become a very common practice. However, the construction process may mean that the finished product does not meet your expectations. To avoid disappointment it is vital to have a solicitor review the contract for sale and ensure these 4 factors: That the contract reflects your expectations of the final product The [...]
Building Defects Beware!
In a recent case, two people were interested in a property in the North Shore which had been previously renovated by an owner-builder. Before the property was sold, the Council inspected the property to see whether an occupation certificate could be issued. Upon inspection, the Council did not identify any defects. It then issued an occupation certificate and the purchasers bought the property. The contract for sale of this property included a clause which stated that the purchasers were buying the property subject to any defects. It also stated that the purchasers were relying on their own inquiries and inspections [...]
Accessing a “Landlocked” Property by Vehicle
What Happened: A property in south west Sydney was owned by the Roads and Traffic Authority for many years. They had originally intended for the property to form part of a new road, however over the years these plans fell through. Various subdivisions occurred leaving the property surrounded by other properties. Eventually the land was sold to a private buyer. The new landowner sought to gain vehicle access to the property from a nearby road, and negotiated with the surrounding neighbours. This proved unsuccessful. Following this, he requested that Council grant an easement to create a driveway through the neighbouring [...]
