Trevor Owns a Piece of Land by the Sea - Law Assignment Help

Assignment Task

Question 1
Trevor owns a piece of land by the sea, which is shaped like a peninsula. It is connected to the mainland of New South Wales on its western boundary, but the northern, eastern and southern edges of the land jut into the Pacific Ocean. The land is freehold – fee simple – and the original grant of fee simple was made by the Crown to a previous title-holder 170 years ago. The boundary was established at that time by government surveys.
Trevor’s western boundary is a non-tidal river, which separates his property from land owned by Dodgy Bob’s Construction Co Pty Ltd. For over eighty years, Dodgy Bob and the previous owners have dumped unwanted landfill (excavated from building sites) along the edge of its land on its side of the river. The effect has been to increase the area of Dodgy Bob’s land. However, since Dodgy Bob and its predecessors have only deposited about a dump-truck load of fill every six months, the increase in area has been imperceptible until last month. Trevor is concerned Dodgy Bob will completely fill the river channel. The activity is highly illegal and Trevor has complained to the relevant authorities but the matter seems to have become bogged down in regulatory procedures. In order to expedite a solution to the matter, Trevor is interested in whether he has a cause of action in property law related to the river boundary of his land. You may assume that due to an historical anomaly, Trevor’s land does not come within the Crown Land Management Act 2016 (NSW), and the original grant does not explicitly reserve the river (or river bed) to the Crown.
On the eastern edge of the land, Trevor installed a whale-watching tower. The structure was entirely legal and Trevor had complied with all regulatory and planning requirements in its construction. Because of the sandy soil on which it was constructed, the tower’s supporting pillars were installed very deep into the ground, well below sea-level. Last month, a once-in-a-hundred-year cyclone hit the coast and in a single night eroded all of the sand from under the whale-watching tower. Consequently, the tower now stands in the sea. The State Government claims the structure is now on Crown land and intends to demolish it as an illegal construction on its land. On the southern edge of Trevor’s land, sea currents have deposited sand imperceptibly over the past 170 years, resulting in an increased area of land above sea-level. Trevor wants to build another whale-watching tower on the southern edge. However, cadastral maps of the land based on the government surveys 170 years ago indicate the precise location as sea (as it then was). Consequently, the relevant planning authority refuses to approve Trevor’s development application to build the whale-watching tower, on the basis the proposed location is a sea-bed belonging to the Crown. You may assume that Trevor’s development application would likely be approved in every respect except for the matter of the land ownership.
With reference to legal authorities, advise Trevor on his rights and obligations regarding the western, eastern, and southern boundaries of his land.

Question 2
You are the in-house legal counsel for the Office of the NSW Registrar-General. You have been asked to prepare a brief advice for an upcoming meeting relating to the following matter. Toby owned a number of parcels of land in the town of Farmidale in the Northern Tablelands of New South Wales. The configuration of the parcels and current owners is shown in the diagram available in Moodle in the 'Assignment' section of the Assessments tile. Thirty years ago, Toby bought Lots 4 and 5 from the former local government authority – the Humaresq Shire Council – which later amalgamated with the Farmidale Regional Council, the current local government authority. Fifteen years ago, Toby read the novel that was adapted into the movie, The Best Exotic Marigold Hotel. He decided to move abroad to a country with a lower cost of living. To that end, fourteen years ago, he sold Lot 1 to Ruby (who later sold to Gretel) and Lot 3 to Mildred (who later sold to Zahra), and retired to Thailand, where he has lived ever since. However, he retained the remaining lots – 2, 4 and 5 – with plans to sell or develop them over time when he needed more retirement funds. Lot 4 is bushland and is enclosed with a simple fence comprising steel posts with a single strand of metal chain welded to the top of the posts. It is possible for pedestrians to enter Lot 4 from West Street through a rather ancient and ornate arched gateway. There is no gate in the gateway.
Lot 5 is a bare, vacant block with grass but no trees.
Lot 2 is a vacant lot with no buildings, whereas Lot 3 includes a house and garden. Toby has vague plans to convert Lot 2 to a lookout for tourists to view the superb vistas of the New England gorges, which lie beyond East Street. The only steps he has taken to implement this plan is to construct a road straight through the centre of the lot from East Street to the boundary on Lot 1.

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