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Tierney Law
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23.01.2022 Do I have to fence off the right of way over my neighbour's land that give me access to my property? You have no direct responsibility under the Boundary Fences Act for fencing on either side of the driveway where you have right of way over your neighbour's land. As the fences in question do not border on your property , you are not legally bound to contribute to their upkeep. ... Your neighbour is also not bound to you to fence the right of way. Your neighbour's common title boundaries with their neighbours are subject to boundary fence obligations with their neighbours in the normal way, but, subject to other agreement, any fence on the other edge of the right of way would be treated as an internal fence on your neighbours own property . Subject to other agreement, you have no automatic right to fence that line or share the cost of that fencing. To the extent the fence assists to dedicate the right of way area to your exclusive use , you may want to encourage your neighbour to keep the fence in place and in a condition that suits you . To the extent good fences assist good neighbourly relations, you may want to cooperate with your neighour, without insisting on recourse to legal entitlements.
17.01.2022 Whose side is the real estate agent on? The agent usually gets instructed and paid by the vendor and so the agent is usually working for the vendor. The agent usually gets paid only if the deal goes through. Working for the interest of the agent, the agent needs to get the vendor and the purchaser to agree.
17.01.2022 Are Easements and Covenants be binding if not recorded on the Title? Long term easements and covenants are usually recorded on the Title so as to provide greater clarity and certainty, as properties change hands the easement or covenant provisions carry forward regardless. As far as possible, easements should be shown on the folio for the burdened land in the title register so that purchasers can easily discover them but there are binding easement not shown on the title.... Typically easements needed for access to land and the provision of services are created by plan of subdivision or by an instrument of transfer on sale. In the past, the process of subdividing land was not regulated by planning law, and the creation of easements was unsystematic. When part of a larger lot was sold, vendors and purchasers did not always turn their minds to whether an easement was needed for the benefit of the sold land or the land retained by the vendor. In response old laws created easements by implication, based on the actual or presumed intention of the parties. Sometimes easements are implied by statute when land is subdivided, even though their nature and location is not specified on the plan of subdivision.. A grant or reservation of an easement may be implied at common law where the easement is ‘absolutely necessary’ for the use of the land, such as a right of way to access an otherwise landlocked parcel. As such easement rely on the actual or presumed intention of the parties rather than on public policy, if the parties did not intend to create the easement, it will not be created despite its necessity. An easement may be implied where the vendor used land before that would be capable of being an easement if the land benefitted and burdened were owned or occupied by different persons. For example, the vendor may have accessed the sold land by a driveway across the retained land. Old laws of implication and prescription and new statutory provisions for implied easements create a complex jumble of overlapping rules.
14.01.2022 My client asked if he can have his ashes on death shared between his kids and the new wife. The fate of your ashes is up to your executors. Your wishes are morally binding only . You need to tell the executors what you want them to do, clearly and reliably, and choose executors who will do as they are told! Tim TIerney
08.01.2022 What happens to you facebook page , instagram account,twitter feed on death ? Online assets are legally under the control of executors according to direction in the will subject to : the service contract with the online service provider, and the practicalities of managing online access : password etc.... Passwords and access arrangements may need to be set up , recorded and maintained to manage transition of control on death. Tim Tierney www.tlaw.com.au
07.01.2022 Many properties do not have the neat and tidy record of building approvals that issue out of the current building approval process as currently now managed and recorded by Councils. The Tasmanian Contract for Sale is currently still predicated on the old fashioned principle of as is, where is deal let the buyer beware. There is no obligation on Vendors to disclose faults about the property....Continue reading
05.01.2022 How do I get a Tasmanian contract signed if I am not in Tasmania? You can exchange by fax or emailed scan. A power of attorney in favour of someone in Tassie is an alternative but would cost about $400, roughly half of that registration tax. That cost would be an extravagance unless the power of attorney was needed for some other purpose
04.01.2022 Who decides what happens to my bodily remains? The executor has the duty to dispose of the body of the deceased and the right to possession of the deceased’s body for the purpose of final disposal. If the body is cremated, the person entitled by Tasmanian statute to deal with the ashes is the ‘senior next of kin’ which, in descending order, is:... the spouse, eldest child over 18, a person who was in a caring relationship with deceased, parent, eldest brother or sister over 18, or the personal representative of the deceased. See more
04.01.2022 Respond to the possibilities of claims against your estate step by step: review your assets and liabilities and the moral commitments you have, fairly work out what is appropriate, put those arrangements in place in the form of your Will, review the possibility of a claim against your estate ,... review the possibility of success on any such claim against your estate, review appropriate action to defend your estate against claim. See more
