Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
When Does Land "Relate To" A Development Application? North Sydney Council V Ligon 302 Pty Ltd, Michael Weir
When Does Land "Relate To" A Development Application? North Sydney Council V Ligon 302 Pty Ltd, Michael Weir
Michael Weir
Extract: A development application normally relates to land which is wholly within the control of the developer. Complications arise when an aspect of the proposal, for example access or a buffer area, requires some use of adjoining land which is not within the developer's control. If the developer is obliged to obtain the prior consent of the owner of the adjoining land in all cases, there will be a significant impact upon the development potential of land. The High Court will be considering the issue on 20 June 1996. Their decision may clarify the position in NSW, with implications for …
Mechanics' Liens-Improvements Outside Building--Lien Allowed For The Clearing Of Land Unconnected With The Construction Of A Building, Byron Bronston S.Ed
Mechanics' Liens-Improvements Outside Building--Lien Allowed For The Clearing Of Land Unconnected With The Construction Of A Building, Byron Bronston S.Ed
Michigan Law Review
Plaintiff filed a bill of complaint seeking to enforce a mechanic's lien for the clearing of eighty acres of land pursuant to an agreement with the owners. The bill alleged that plaintiff's lien was superior to a mortgage which, though prior in time of execution, had been recorded subsequent to the inception of the clearing contract. Defendant mortgagee demurred on the ground that land clearance did not qualify for a lien under the pertinent mechanic's lien statute which provided that "every ... person ... who shall do or perform any work or labor upon ... any building or improvement on …