Download e-book for iPad: Australian Essential Real Property (Cavendish Essential) by Geoff Moore

By Geoff Moore

ISBN-10: 1876905174

ISBN-13: 9781876905170

Each one name within the Australian crucial sequence is decided out similarly for ease of reference. Chapters open with a record after which pass directly to specialize in 'Essential' matters, exam themes, exploring components of discussion and offering insights into tough parts. The books are excellent revision aids for college students.

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Extra info for Australian Essential Real Property (Cavendish Essential)

Example text

In passing, Hodgson J stated that the weight of authority was against the view adopted in Pickering v Rudd (1815) that the incursion into the plaintiff’s airspace of an overhanging sign was a nuisance rather than a trespass. Bendal Pty Ltd v Mirvac Pty Ltd (1991) In Bendal Pty Ltd v Mirvac Pty Ltd, Bryson J was faced with a case where a defendant builder used protective mesh screens, which encroached into the plaintiff’s airspace from a high-rise building site. His Honour held that the encroachment was a trespass.

Once reclamation work is undertaken, however, the boundary to the mean high water mark is fixed, as the title to reclaimed land is in the owner of the sea bed, and not the frontager: Attorney General of Southern Nigeria v John Holt & Co (Liverpool) Ltd (1915); Butcher v Lachlan Elder Realty Pty Ltd (2002); and Moore at p 536. 23 The adjoining owners own the bed of non-tidal water, such as occurs in relation to part of a river or a creek or a lake, which is above tidal reach. The boundary is taken to be in the middle unless a contrary intention is expressed.

The Minister is to review this Act to determine whether the policy objectives remain valid and whether the terms of the Act remain appropriate for securing those objectives. The review is to be undertaken as soon as possible after the period of five years from the date of assent to this Act. A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of five years: s 40 of the Access Act. 14 Essential Real Property The meaning of ‘substantial building’ of a ‘permanent character’ The requirement of ‘substantial building’ of a ‘permanent character’ has been held to include: a concrete driveway: Ward v Griffiths (1987); a concrete-block wall: Cuthbert v Hardie (1989); a retaining wall: Boed Pty Ltd v Seymour (1989); protruding floor beams: Droga v Proprietors Strata Plan 51722 (1996); and • a weld-mesh fence set in concrete: Ex p van Achterberg (1984).

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Australian Essential Real Property (Cavendish Essential) by Geoff Moore


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