Szabo & Associates News & Updates

If you are adversely affected by a neighbour’s troublesome tree or hedge, you may be eligible to make a claim in Court under the Trees (Disputes Between Neighbours) Act 2006. Common causes of disputes that can lead to a claim include:

Generally speaking, conduct is not relevant to family law property settlements. However, domestic violence can have an influence on the property pool division. The relevant legal principles were established in Kennon v Kennon (1997). The Courts have some discretion to make an additional award to the party subjected to the abuse. 

Landlords are required to provide their prospective retail tenants with a Disclosure Statement which gives an overview of the key terms of the lease.

An easement gives a person the right to use a neighbour’s land without actual possession. A common example of a ‘private’ easement is a right of way to pass through a neighbour’s property to get to your own. An example of a ‘statutory’ easement is an ‘easement for services’ such as electricity. Easements are usually but not always registered on the title to the property.

When partners decide to separate, a key issue to be addressed, among others, is how they are going to divide up their property between them.