AR & A Lawyers in South Hurstville | Lawyer & law firm

AR & A Lawyers

Locality: South Hurstville

Phone: +61 1300 734 450

Address: Unit 1, 59 Halstead Street 2221 South Hurstville, NSW, Australia

Website: http://www.aralawyers.com.au/

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22.01.2022 In a decision handed down on 14 March 2018, The High Court in Pike v Tighe [2018] HCA 9 has basically confirmed that buyers will inherit the sins of previous owners who have not complied with Development approvals. In summary, Original owner had a parent lot, which was subdivided into Lot 1 and 2 as part of DA approved by local Council. One of the requirements of DA was for original owner to register an easement which would have burdened Lot 1 and benefited Lot 2. This was n...ot done and Lot 1 and 2 was sold to Party Y ('Y') and Party Z ('Z') respectively. Following failed negotiations between Y and Z for Y to grant easement to Z to allow for pedestrian and vehicle access for Z, Z took the matter to Planning and Environment Court which found that Y had committed development offence in failing to comply with easement condition. Y appealed to Court of Appeal which decided that by reference to Sustainable Planning Act 2009 the easement condition in the DA only bound the Original owner and any successor of the parent lot (but not buyers of new lots created) on the basis that easement was point in time obligation which required Original owner to register at the time of reconfiguration of parent lot. Z appealed to the High Court which ultimately decided that Court of Appeal was wrong in its interpretation and that DA approval is generally regarded as consent to the world at large in relation to land which it is subject and this includes land contained in the lots created by configuration (that is, easement condition bound subdivided lot owners as well). On this basis, Y had failed to comply with easement condition. What this means for you? When buying land, make sure you undertake proper due diligence and have understood all the conditions of DA that are attached to the land. You should make enquiries with relevant Council and have Council undertake physical inspection of the property and provide a certificate to confirm whether conditions have been fulfilled in relation to DA. If you would like to discuss further please get in touch with us.

21.01.2022 First home buyer? Thinking of buying a new home? Looking at investing? At AR&A Lawyers, we aim to cover a wide range of legal services including Conveyancing and Property Law. We're happy to talk about your potential purchases and give you the reassurance needed- so the dream can become a reality! Contact us on 1300 734 450 or 0421 252 409

19.01.2022 AR&A Lawyers is closed from Monday 25 November 2017 and re opens on Monday 8 January 2018. We take this opportunity to wish everyone a safe and enjoyable Merry Xmas and New Years break.

13.01.2022 Thinking about buying a property off the plan in 2018? Have a read of our blog for some useful information. http://www.aralawyers.com.au/buy-off-plan/

10.01.2022 AR&A Lawyers are the proud property lawyers for Amoora Apartments. Situated in Kingsgrove, the stylish and ultra modern apartments are selling quickly. If you are considering developing, selling off the plan, subdividing land, or simply buying and selling, please get in touch with us on 0421 252 409 or email to [email protected]

09.01.2022 Ban of 10 years under Public Interest Criteria (#PIC4020) overturned in Parliament. If you would like to know more about PIC, and or require immigration assistance, please get in touch with us. https://www.sbs.com.au//parliament-overturns-10-year-visa-

06.01.2022 For those looking to purchase their first property in 2018, this article is an interesting read!

02.01.2022 Interesting read. Legal squatting is still a thing in 2018!