Quantcast

Does the North need to be in Tier Three?

Do millions living in the North REALLY need to be in Tier Three? Official data shows only nine authorities saw a rise in Covid...
More

    ‘Staff backlash’ over Eton’s ‘aggressively woke’ cultural revolution

    'Staff backlash' over Eton headmaster 'Trendy Hendy's' 'aggressively woke' cultural revolution to overhaul 580-year-old public school - as 1,000 pupils sign petition to reinstate...

    Kentucky Mayor charged with DUI after falling asleep in a drive-thru and crashing into pole

    Kentucky Mayor is charged with DUI after falling asleep in a White Castle drive-thru line and crashing into a utility pole Shively mayor Beverly Chester-Burton...

    Trump Delivers 46-Minute Speech on the ‘Rigged’ Election From White House

    @media (pointer: coarse) { .nytslm_outerContainer { overflow-x: scroll; -webkit-overflow-scrolling: touch; ...

    Gwen Stefani, Kelly Clarkson, and more appear during Christmas In Rockefeller Center special  

    Gwen Stefani graces the stage in TWO jaw-dropping outfits and Kelly Clarkson belts out an original holiday track during NBC's 88th Annual Christmas In...

    Adelaide Family won property battle at the High Court just like classic Australian film the Castle

    Australia’s real-life The Castle: Family take their David and Goliath battle to save their home all the way to the High Court and WIN – in eerily similar fashion to classic film

    • An Australian family has won a four year legal battle to build their dream home  
    • Nick Deguisa and Tori McKenzie hit a road block trying to develop their land 
    • They were told they were not allowed to develop because of a 1960s land title 
    • So they took it to the High Court and won their case to subdivide their property 

    An Australian family has won a four-year legal battle to build their dream home.

    Nick Deguisa and Tori McKenzie hit a road block while trying to develop their land at Henley Beach Road at Fulham in Adelaide.

    The couple had wanted to subdivide the land and build a four-bedroom home for their growing family. 

    But their neighbours lodged a dispute over their plans because of the fineprint on a 1960s legal document. 

    After a four year battle the couple finally won the right to subdivide their land after taking the case all the way to the High Court. 

    Their tale is reminiscent of the classic Australia film the ‘Castle’ where the Kerrigan Family goes to court to stop the government taking ownership of their home. 

    Nick Deguisa and Tori McKenzie hit a road block trying to develop the land they owned at Henley Beach Road at Fulham in Adelaide (pictured)

    The home used to be part of a 54 block lot of land which had been carved from a larger property by developer A. & H. F. Gaetjen

    The home used to be part of a 54 block lot of land which had been carved from a larger property by developer A. & H. F. Gaetjen 

    After entering a contract with a buyer for the land they were told a neighbour was disputing the modification because of the 1960s legal document. 

    The neighbour had lodged a caveat to prevent them from developing the land, Adelaide Now reported.

    The Deguisa/McKenzie house was on a parcel of land that had strict guidelines around land use as per the land title from the 1960s.

    An incomplete memorandum of encumbrance was attached, banning owners from using the land to run a business, building flats or subdividing.

    This was back when the home was part of a 54 block lot of land which had been carved from a larger property.

    But a document was incomplete and never stated who was supposed to be the beneficiary of the land use restrictions.

    So the family took the case to the District court, knowing how difficult it would be to sell the property with such harsh restrictions on the land use. 

    They lost their case, but appealed it with the supreme court who ruled in favour of the previous judgement. 

    After entering a contract with a buyer for the land they were told a neighbour was disputing the modification because of the 1960s legal document

    After entering a contract with a buyer for the land they were told a neighbour was disputing the modification because of the 1960s legal document

    A certificate of title for the portion of land on Henley Beach Road in Adelaide dating back to the 1960s

    A certificate of title for the portion of land on Henley Beach Road in Adelaide dating back to the 1960s 

    Their tale was reminiscent of the classic Australia film the 'Castle' where the Kerrigan Family (pictured) goes to court to stop the government taking ownership of their home in Melbourne suburb Coolaroo

    Their tale was reminiscent of the classic Australia film the ‘Castle’ where the Kerrigan Family (pictured) goes to court to stop the government taking ownership of their home in Melbourne suburb Coolaroo 

    Mr Deguisa said they had given up on trying to subdivide the land at this point and were being crushed by the constant rejection.

    ‘We were ready to walk away. We were broke and broken,’ Mr Deguisa said. 

    ‘It was a matter of survival by that point but we had lost faith in the legal system.’

    Instead they took the case to the High Court, and won their bid to overturn the incomplete document from the 1960s. 

    The family said they are now ‘taking a breather’ after a tough four years before the courts. 

    ‘But the plan is to still subdivide and build a four-bedroom house for our family,’ he said.  

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here

    Latest Posts

    Carole Baskin shares update on volunteer who was attacked at her sanctuary

    <!-- 'Everybody made such a huge fuss about that': Tiger King's Carole Baskin...

    Disney+ VP Dan Silver joins rival Netflix to become director of documentary feature films

    Disney+ VP Dan Silver joins rival Netflix to become director of documentary feature films as his former company lays off more than 100 staffers Dan...

    Mikel Arteta ‘assembled Arsenal squad for clear-the-air talks’ which led to ‘stormy’ conversations

    Mikel Arteta 'assembled Arsenal squad for clear-the-air talks' on Tuesday which led to 'finger-pointing' and 'stormy' conversations in a bid to fix torrid Premier...

    Heidi Klum says her mini-me daughter Leni, 16, is interested in modeling

    Heidi Klum, 47, says her lookalike daughter Leni, 16, is interested in modeling after being kept out of the 'public eye': 'She is old...