Access to Neighbouring Land Act (NSW)

Discussion in 'Legal Issues' started by Property Guts, 29th May, 2019.

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  1. Property Guts

    Property Guts Well-Known Member

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    does anybody have experience with this act
    Either as a developer, seeking temporary access or use, of a neighbours land?
    Or as a landowner, trying to defend from a developer marching onto your land, without compensation?
    or as a legal practitioner. What is the total legal cost of these cases, if they go to court.
    Any thoughts on how the value of $$ for access is determined?
    The facts would be; temporary access (6 months) to erect scaffolding for works on boundary.
     
    Property Guts, 29th May, 2019
    #1
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Your solicitor would be the best to advise on any laws.
     
    Paul@PAS, 29th May, 2019
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Never heard of it .... but now I have.

    Linky
    Legislation

    Do you have other options? eg Swinging stage, boom lift, skyhooks?
     
    Scott No Mates, 29th May, 2019
    #3
    d_walsh and Property Guts like this.
  4. Property Guts

    Property Guts Well-Known Member

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    NSW Legislation

    news to me too

    Scott-one-mate - me as developer or neighbour - i am sitting on the fence on that
     
    Property Guts, 29th May, 2019
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  5. d_walsh

    d_walsh Well-Known Member

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    Compensation for loss or damage, not inconvenience (section 26). But you could come to a commercial arrangement if sort it out amicably.

    NSW Legislation

    Agree. If so, could argue they don’t require access, just that it’s a cheaper or an easier option for them. Lawyer could confirm.

    Edit: I say required because that is the wording under section 7.

    NSW Legislation
     
    d_walsh, 31st May, 2019
    #5