Retaining Wall Disputes in Queensland
A retaining wall is a building structure erected to support an excavated or filled embankment. Under the Building Code of Australia, a retaining wall is classified as a ‘class 10b’ (non-habitable) building structure. This means that the construction of a retaining wall (save for limited circumstances) may need to comply with certain building and design
What is an Encroachment
Recent Supreme Court of Queensland Decision – A Timely Reminder about What Is, and What Is Not, an ‘Encroachment’ or ‘Building’ for the purposes of the Property Law Act 1974 (Qld)
In the recent decision of Bartholomeusz & Anor v Body Corporate for 211 Ron Penhaligon Way Offices Community Titles Scheme 25277
Retaining Walls and Encroachments in Queensland
In the recent decision of Paridaen & Anor v Mahasisde Pty Ltd [2022] QSC 109 (delivered on 2 June 2022), the Supreme Court of Queensland had to decide whether the discretion conferred by section 185 of the Property Law Act 1974 (Qld) ought to be exercised in favour of ordering removal
COVENANTS AFFECTING LAND
Enforceability of Land Covenants
A covenant, in the context of, or in relation to, land, is a reference to an obligation concerning the land, whether that obligation be positive or negative (i.e. restrictive) in nature. The purpose of land covenants is generally to preserve the value of the land and to protect its
Buyer’s deposit obligations
In Queensland, if you, as the Buyer, enter a standard contract of sale for the purchase of a house and land (using, most commonly, the ‘REIQ Contract for Houses and Residential Land (15th Ed)’ or in respect of the purchase of an apartment or townhouse, the ‘REIQ Contract for Residential Lots in a Community Titles
Buyer’s property searches
Buying a house? Here are some searches to consider
If you are purchasing a house in Queensland (‘Property’) pursuant to a standard REIQ Contract for Houses and Residential Land
