Szabo & Associates News & Updates

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.

Moore v Aubusson was a case heard by the NSW Supreme Court between Mr Moore and Ms Andreasen, neighbours of Mrs Murphy deceased, and the Executor of her Will, Mr Aubusson. The case highlights just how important it is to keep your Will updated.

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.

Last year, in the case of Sharma v Minister for the Environment (2021), the judge found that there was a novel duty of care owed by the Minister to Australian children who might suffer ‘catastrophic harm’ from the climate change implied by the approval given to an extension of the Whitehaven Vickery coal mine in New South Wales.

There are many things landlords are prohibited from doing in terms of how they may conduct themselves with their tenants or potential tenants in a retail premises lease. Areas of contention include the concept of unconscionable behaviour or a party acting in a misleading or deceptive way either as part of lease negotiations or post-contractual conduct.