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ARTICLE · 31 AUGUST 2022

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Any interest? Understanding who has an interest in land.

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Understanding who has a compensable interest has become considerably more complex following a recent NSW decision.

AustraliaReal Estate and Construction
Dennis Loether
Dennis Loether
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Understanding who has a compensable interest has become considerably more complex following the decision of Olde English Tiles Australia v Transport for New South Wales [2022] NSWCA 108.

The NSW Court of Appeal has confirmed that personal interests that cannot be legally enforced are not a compensable interest.

It has also given consideration to disturbance claims. Put simply, to open the door to disturbance claims, the claimant must prove they first have a market value interest. Bare licences or permission to occupy the land, terminable at will by the owner, have no foundation or interest and therefore a person cannot build a claim for compensation for losses attributable to disturbance.

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