In a recent case a husband and wife owned a business, but it was not doing well. They decided to downsize their home and exchanged contracts to sell it for $1.35 million dollars. They then entered into a contract to purchase a new home. Their contract for sale of their home included a clause that [...]
A man (“the purchaser”) bought a property and negotiated a 13-month settlement period. The contract included a clause that said that if a party became mentally ill they could pull out of the contract. The purchaser took possession of the land before settlement, and everything appeared to be going smoothly. The purchaser himself was a [...]
A recent case illustrated poor management of a dispute. Neighbour 1 and Neighbour 2 owned neighbouring holiday homes on the NSW coast. There was an old brick wall about one meter high on Neighbour 2’s property near their common boundary. In 2006, Neighbour 1 realised that the wall was leaning into his property so he [...]
A husband and wife were searching for a new property to live in. They found a property which had a main house and a poorly maintained granny flat on it. The husband and wife were shown on the property title as owners. The husband’s mother, who was 62 and seeking to downsize, proposed to contribute [...]
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 [...]
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 [...]
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 [...]