Subdivision involves the partition of a parcel of land into smaller portions. Once land is subdivided, a ‘title’ is created for each new portion which can be separately sold and transferred. A subdivision may range from the partition of a single lot into two, to a...Read More
Do you have a covenant that runs with your land and are wondering if you can prevent it from affecting your development plans? There are ways in which you can apply to have a restrictive covenant removed or modified. This article discusses the implications of...Read More
In Victoria, local councils are responsible for issuing planning permits which are typically regulated by planning schemes. If you are unsure as to whether you need a planning permit for a project, you should contact your local council or engage a professional to...Read More
Building legislation and regulations are constantly changing and those in the building industry need to stay abreast of laws and reforms to avoid non-compliance issues. The Building Act 1993 (Vic), the Domestic Building Contracts Act 1995 (Vic) and the Building...Read More
Most domestic building work in Victoria requires a building permit and the appointment of a building surveyor, to inspect the work at key stages as specified in the permit, and on completion. A building permit ensures that the plans, drawings and specifications for...Read More
If you are involved in a planning dispute, whether as a developer, homeowner or objector, it may be necessary or beneficial to retain an expert witness. The role of an expert witness in a dispute is to provide objective, qualified, documented evidence of the facts in...Read More
Many people have heard of an easement, but what is it? In general terms, it is a right to use property belonging to someone else. Ordinarily, we think of property rights as sacred – why should anyone else be able to use my property? However, an easement is an...Read More
An encroachment occurs when part of a building or fixture from one property intrudes onto adjoining land. The encroachment may simply overhang or be physically attached to the adjoining property. Examples include overhanging tree branches or awnings from a neighbour’s...Read More
Property owners, building professionals and developers should understand a landowner’s obligation to ensure neighbouring properties are adequately protected when carrying out building work. As high-density development increases to accommodate an expanding population,...Read More