Property Law Advice
Property & Conveyancing
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An Easement is a right of way on your property that allows other people access for the purpose of common good, such as utilities maintenance and shared access with neighbours. We can advise and assist you with your property easement rights to ensure mutual agreement between servient and dominant parties involved.
When a property’s boundaries have not been verified by the necessary governing bodies, it is referred to as Limited title. Limited title could have a significant impact on finances as additional surveying services may be required to determine the boundaries of the property in question. Burgess Thomson are able advise you of the legal requirements to move ahead with your property in the event of Limited title.
Rights of Way
A right of way in the context of property is a determined right given to another to pass through ground or property belonging to the owner. Depending on the parameters of the title, the owner is not allowed to obstruct the other party’s use of their right of way. We are able to assist our clients with legal advice relating to property right of way.
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Adverse Possession is when someone becomes eligible to take legal right over land after occupying it for an extended period of time. NSW law determines that an individual must be occupying land or property for at least 12 years before able to take legal Adverse possession. Adverse possession, colloquially referred to as “Squatters rights” is a rare and often complex legal process. If you are eligible for adverse possession rights the team at Burgess Thomson can advise you.
A dividing fence separates the land and property of neighbouring owners. The fence, which can be built out of any different material, must be approved under the Dividing Fences act. In the event of a dispute over the position, construction or cost of the dividing fence, the legal team at Burgess Thomson can advise and assist you.
Boundary disputes can occur when surveyors of adjoining properties can not come to an agreement on the location of a boundary. In order to reach an agreement and settle a boundary dispute, the surveyors can apply to the NSW Land and Registry Service for a resolution under the 14A of the Real Property Act 1900. You can speak to the team at Burgess Thomson for advice relating to boundary disputes on your property.