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Duane is the registered proprietor of Torrens title land in northern NSW with extensive views over the hinterland to the coast. Duane wants to build
Duane is the registered proprietor of Torrens title land in northern NSW with extensive views over the hinterland to the coast. Duane wants to build his dream home on this land, but to finance its construction; he must subdivide and sell off a parcel immediately below the site of his proposed new home. It is critical to Duane that his views to the coast are preserved from the proposed building site, and will not be impeded by the height of any building on the lower parcel. Duane has done some preliminary research, and in his reading has come across the concepts of easements and restrictive covenants. Duane wants your written advice as to the creation and enforceability of a property interest that will protect his uninterrupted views to the coast.Based on NSW legislation statutes Conveyancing Act 1919 (NSW) Real Property Act 1900 (NSW) and their prominent case law
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