Fences and your neighbours

The Dividing Fences Act 1991 puts in place a procedure to carry out fencing works.

What is a dividing fence?

A dividing fence is a structure that separates neighbouring properties. 

It will usually be on the common boundary between the two properties. 

A dividing fence can be made out of many different materials e.g. bricks, metal or wood. 

It does not include a retaining wall, unless the wall is needed to support and maintain the fence.

If you have issues with the dividing fence and want to built, fix or replace it, then you should approach your neighbour about the following:

• who should pay;
• what type of fence should be built;
• where the fence should go; and
• what to do when urgent fencing work is needed.

Ideally, reaching an agreement with your neighbour is the best way forward, however this is not always possible or practical.

What if you can't agree?

There are several options available under the Act including:

• going to mediation;
• sending a Fencing Notice; or  
• applying for a Fencing Order (to the Consumer & Commercial Division of the NSW Civil & Administrative Tribunal (NCAT) or the Local Court of NSW).

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

 

Development Application Court Appeals

Did you know that if Council refuses a Development Application (DA) you have a right of appeal to the Land & Environment Court.

Appealing your DA also includes DAs which have not been resolved by Council within a reasonable length of time.

The Land & Environment Court is a specialist court designed to hear and determine DA appeals involving all different types of development projects e.g. residential / commercial / industrial developments, childcare centres, retirement villages and waste depots (to name a few).

These DA appeals are not heard by Judges but specialist Commissioners who have practical experience with developments. 

Normally specialist lawyers appear for the parties to resolve the issues and run the hearing. 

In DA appeals you only have to pay your own lawyers fees, if you lose the appeal, who are not up for the winning side's legal fees.  In other courts, (Supreme & District) if you lose you will have to pay the other side's legal bill.  The rule in the Land & Environment Court is that each party pays their own legal costs.

G&B Lawyers has 10 years experience in running DA appeals in the Land & Environment Court.

We have run all sorts of appeals, childcare centres, retirement villages, major commercial developments, residential flat buildings, recycling waste facilities, landfills, hotels / pubs, churches, shop top housing, hobby farm developments and horse training facilities to name a few.

Contact the team at G&B Lawyers for a obligation-free chat on 0481 287 528.

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

Can I challenge a Will?

When you 'Challenge a Will' you are challenging the validity of the document that is the Will.   If you decide to challenge a Will you are arguing that probate of the will should not be granted. You can challenge a Will under the following circumstances:

Undue Influence Fraud Forgery The Willmaker Lacked Mental Capacity

For legal advice on Wills, contact the team at G&B Lawyers.

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

 

G&B Lawyers: G&B Lawyers can help you in ...

G&B Lawyers: G&B Lawyers can help you in ...:   ·          All aspects of planning & environmental law   ·          Property development (commercial, residential & in...

G&B Lawyers can help you in ...

 

·         All aspects of planning & environmental law

 

·         Property development (commercial, residential & industrial)

 

·         Land contamination

 

·         Tenders and review of contracts

 

·         Waste management

 

·         Work, health & safety & employment disputes

 

·         Building & construction

 

·         Mediations & conciliations

 

·         All litigation

 

·         Property law & Conveyancing

·         Family law disputes & asset protection advice

 

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

    

 

 

G&B Lawyers: Don't forget to make a Will!

G&B Lawyers: Don't forget to make a Will!: A will is a legal document which sets out who’ll receive your property and possessions when you die. When you have a valid will, you give ...

Don't forget to make a Will!

A will is a legal document which sets out who’ll receive your property and possessions when you die.

When you have a valid will, you give yourself the best chance of making sure your assets go where you want them to.

So you should always make a will if you have a family or if other people are financially dependent on you.

What makes a will valid?

A will generally needs three things to be valid:

• It must be in writing (whether handwritten, typed or printed)
• It must be signed, and
• Your signature must be witnessed by two other people who also need to sign the will.

But even where you’ve met these three requirements, your assets can’t be distributed immediately. Sometimes, a court needs to grant probate first.

What happens if you die without a will?

If you die without a valid will (known legally as ‘dying intestate’), a standard formula is used to distribute your property and possessions. Usually, this means all your assets will pass to your spouse or children.

But the situation becomes much more complex if you have a legal spouse and a de facto spouse (ie you’ve separated and have a new unmarried partner), if you have children from different relationships, or if you die with no spouse and no children.

The court’s formula usually also only lets your family members inherit from you.

So having a valid will is vital if you want to leave gifts to friends or charities.

 

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au