PROPERTY LAW

Alfred is the registered proprietor of two properties in the Torrens title register: an apartment lot in a strata title scheme in Chatswood, New South Wales, and a vacant lot in fee simple estate in Blacktown, New South Wales. Alfred lives in the apartment unit in Chatswood and he keeps the Blacktown property as an investment.

Alfred lives by himself in Chatswood and he keeps two bulldogs in his apartment to keep him company. His neighbours in the apartment building do not like Alfred keeping his bulldogs, as they find the bulldogs noisy, unkempt and intimidating. Alfred's bulldogs occasionally bark and this sometimes causes nuisance for his neighbours. As a result, Alfred's neighbours successfully lobby the owners corporation to pass a by-law through a special resolution prohibiting all occupants of the apartment in the strata title scheme from keeping more than one pet in each unit and banning all noisy animals. The owners corporation has lodged a notification of this by-law with the Registrar-General of New South Wales. Alfred is incensed by the decision of the owners corporation to pass this by-law and he has refused to remove his two bulldogs from his unit and he has refused to pay the strata fees in the past two quarters to protest against the owners corporation. Alfred wants to challenge the owners corporation.

Alfred's vacant lot in Blacktown has a registered easement against his title that provides access to part of his lot to the adjacent car park Blacktown Lane Parking Pty Ltd. Commuters use the easement to access the car park and Alfred is unable to park his car on the easement or to use the easement except for entering into the car park. Alfred is unhappy about how the easement has interfered with his rights over his land.

Advise Alfred.