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Recorded Webinars

Recorded Interactive Webinar: Love Thy Neighbour? Managing Property Disputes and Complaints Between Neighbours (NSW)

Love thy neighbour…easier said than done! A raft of issues can affect the relationship between neighbouring properties. Understanding the practical issues which often or could arise and the legal framework for the claims they can ground are key to resolving neighbourly disputes in
PRESENTED BY Mark Smith Principal - Brander Smith McKnight Lawyers , Sydney

Date/Time

About the Webinar

Love thy neighbour…easier said than done! A raft of issues can affect the relationship between neighbouring properties. Understanding the practical issues which often or could arise and the legal framework for the claims they can ground are key to resolving neighbourly disputes in a cost effective and timely fashion.  This session shall cover:

  1. Dividing Fences/Retaining Walls – Dividing Fences Act 1991 (NSW) – fencing disputes;
    • Overview of fencing disputes between neighbours
    • Definition and scope of "dividing fence" (s 3)
    • Treatment of retaining walls: when a retaining wall is, or is not, considered part of a dividing fence
    • Apportionment of costs and responsibilities (Part 2, ss 6 -9); notice requirement (s 11)
    • Common issues and recent case law
       
  2. Access to Neighbouring Land – Access to Neighbouring Land Act 2000 (NSW);
  • Rights and procedures for obtaining access to neighbouring land for building and maintenance work (e.g. s 7)
    • An Act to enable courts to make orders permitting access to land by persons not otherwise entitled to that access for the purpose of carrying out work on their own land or carrying out work on utility services on that land, and to provide for the payment of repair and maintenance costs relating to utility services by joint users of services; and for other purposes.
  • Addressing damage to neighbouring properties arising from such access (s 26)
  1. Easements – Section 88K of the Conveyancing Act 1919 (NSW) – disputes regarding requests for easements;
    • Statutory easements and the process for obtaining them - 88K Power of Court to create easements
    • Disputes regarding requests for easements, including for services and access
    • Interaction with other property rights
       
  2. Trees – Trees (Disputes Between Neighbours) Act 2006 (NSW) – disputes involving overhanging branches and encroaching roots;
  • Orders available under the Act (s 9, including order to take specified action, money order/payment of compensation for damages)
    • Court were to consider factors in s 10 (reasonable efforts to reach agreement; notice requirement; likely property damage) and s 12
  • Evidentiary requirements
  1. Nuisance – including noise abatement, barking dogs, and related issues;
     
  2. Strata Scheme Management – Strata Schemes Management Act 2015 (NSW) and by-laws – addressing the complexities when the neighbour is an apartment block or commercial property.
  • Role of owners corporations and strata committees

 

Presented By

Mark Smith
Principal, Brander Smith McKnight Lawyers Sydney, NSW

Mark holds a Bachelor of Laws Degree and Bachelor of Science Degree.  Mark has also undertaken postgraduate studies and has obtained a Master of Business Administration Degree from the University of Sydney.

During Mark’s legal studies, he received two academic awards from The Sydney University Law Extension Committee for achieving first place in two subjects.

Mark is admitted as a legal practitioner in The Supreme Court of NSW and The High Court of Australia.

Mark is a highly experienced lawyer and has worked on a wide range of legal matters from international construction and infrastructure projects to small business and individual matters.

Mark practices in Commercial and Business Law and Building and Construction Law, providing advice on complex business transactions, business sales and purchases and civil litigation.  He has extensive court experience and regularly appears in the local, district and supreme courts. He is a powerful and extremely effective advocate both in the courts and during complex negotiations and difficult dispute resolution matters out of court.

Who Should Attend?

This webinar is suitable for lawyers practising in property law in NSW. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim 1.25 CPD units – substantive law.

OPTIONAL ONLINE QUIZ

This Recorded Interactive Webinar includes an optional online quiz for completion after viewing the recording.  Upon completion of the quiz with a 100% pass rate the successful registered user will receive a CPD certificate confirming completion and the CPD units/points/hours earned.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Jason Hooker on (03) 8601 7709 or email: [email protected]

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