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YOUR CADASTRAL LEGACY A presentation for the Association of Consulting Surveyors Victoria

YOUR CADASTRAL LEGACY A presentation for the Association of Consulting Surveyors Victoria On 22 July 2011 BY SIMON LIBBIS SUBDIVISION LAWYERS slibbis@gmail.com 0488 LIBBIS www.subdivisionlawyers.com.

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YOUR CADASTRAL LEGACY A presentation for the Association of Consulting Surveyors Victoria

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  1. YOUR CADASTRAL LEGACY A presentation for the Association of Consulting Surveyors Victoria On 22 July 2011 BY SIMON LIBBIS SUBDIVISION LAWYERS slibbis@gmail.com 0488 LIBBIS www.subdivisionlawyers.com

  2. “The interpretation of key provisions of that legislation is a particularly difficult task as it is one of the most poorly drafted Acts it has been my misfortune to confront.” “It must be said that the interpretation of this important legislation is made exceptionally difficult by virtue of the confusion and lack of clarity of the terms in which it has been drafted. This legislation sets a very low benchmark for the art of the parliamentary draftsperson.” Walker & Sopov v Registrar of Titles [2001] VSC 354 (8 October 2001) YOUR CADASTRAL LEGACY Simon Libbis The Subdivision Act 1988

  3. YOUR CADASTRAL LEGACY Simon Libbis The Owners Corporation Need Membership Lot Entitlement and Liability Multiple Limited Rules

  4. YOUR CADASTRAL LEGACY Simon Libbis Structures as Boundaries Location Interior Median Exterior Definition of Multi-level Section 61 Owners Corporations Act 2006

  5. YOUR CADASTRAL LEGACY Simon Libbis Section 12 Easements 2 Conditions - Necessary Low impact Supreme Court Cases Burford v. Wichlinksi – 1996 Gordon v. Body Corporate Strata Plan 3023 – 2004 Body Corporate No.413424R v. Sheppard - 2008

  6. YOUR CADASTRAL LEGACY Simon Libbis Re-subdivision Section 32 Plans Staged Subdivisions Not in Common Ownership Subdivisions

  7. YOUR CADASTRAL LEGACY A presentation for the Association of Consulting Surveyors Victoria On 22 July 2011 BY SIMON LIBBIS SUBDIVISION LAWYERS slibbis@gmail.com 0488 LIBBIS www.subdivisionlawyers.com

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