Strata Disputes – Under the Ground up in the Air and Everywhere in Between 

Strata disputes and common property come in all shapes and sizes, especially when dealing with neighbouring property owners.

As owners of real property, owners corporations find themselves dealing with the owners of neighbouring land in a multitude of circumstances.

Neighbouring Land Disputes

• Easements
• Ground Anchors
• Cranes
• Scaffolding
• Trees, Fences and Walls
• Law of Nuisance
• Damage and Liability
• And even, landslides

You’ve probably had reason to deal with one or more of the above – but if you haven’t, then get ready, because you almost certainly will at some point in time!

Read on… Common Property and Dealing with Adjoining Owners

DEALING WITH NEIGHBOURING PROPERTY – DO YOU NEED AN EASEMENT?

Warwick van Ede I BEc LLM I Lawyer

Since 1990, Warwick has specialised in strata law, property law and litigation. Recognised for his expertise, he is also a NSW Law Society Accredited Specialist in Property Law. In 2021 he was selected to serve on the Property Law Committee of the Law Society of NSW. Profile I LinkedIn

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For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist. 

Land Registry Services new processes.

Restrictions imposed in response to COVID-19 have made it difficult to prepare, sign and witness paper land dealings. All of these land dealings involve a combination of steps, including:

1. Verification of Identity
2. Establishing the Right to Deal
3. Signing, Witnessing and Formal Certification

In order to maintain business as usual and complete these steps for paper dealings during the current COVID-19 environment, LRS have implemented new processes commencing this week from April 27, 2020.

Land Registry Services new processes: What are the new LRS options imposed during COVID-19 restrictions? 

For NSW strata legal, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

In a recent case in which JS Mueller & Co Lawyers acted for the successful owners corporation, the Supreme Court took an interesting journey back in time to land dealings in the early days of the British penal colony in New South Wales, and clarified one aspect of cases where easements are sought pursuant to section 88K of the Conveyancing Act 1919.

Interestingly, the Supreme Court upheld the validity of easements over land created in 1839 and the validity of easements over the same piece of land ordered by the Supreme Court in 2003.

This highlights the difficulty a party will have in challenging property rights that have existed for almost 200 years.

So, what iconic Sydney buildings did this involve? Supreme Court Upholds Validity of Easements

For NSW levy collection or strata legal advice please contact us here or call 02 9562 1266, we’re happy to assist.

Neighbouring properties often need temporary or permanent access to a strata scheme in order to develop their land – neighoubouring land access.

The usual scenario is that the neighbour contacts the executive committee or the strata manager, offering a simple form to sign to expedite the process. The neighbour will not voluntarily make any mention of liability, indemnities, compensation or other costs.

Most types of access only require an ordinary resolution at a general meeting. However, the registration of an easement (such as drainage easements, easements for services etc.) requires a special resolution, in accordance with section 26 of the Strata Schemes (Freehold Development) Act 1973.

Click here to download the full paper – Easements and Neighbours Accessing Strata Schemes

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.