Table of Contents
Terms of Reference
Participants
Submissions
1. INTRODUCTION
The Reference
Categories of support
a) Support to land by adjoining land
b) Support to land by water
c) Support to buildings by adjoining land
d) Support to buildings by buildings
The law of support in New South Wales
Issues for comment
2. THE LAW OF SUPPORT AT COMMON LAW
Introduction
The rule in Dalton v Angus
Application in Australia
Exceptions to the rule in Dalton v Angus
Right to support by water as distinct from soil
3. THE EFFECT OF DALTON IN NEW SOUTH WALES
Introduction
The availability of prescription in New South Wales
The effect of Pt 31.4 of Ord 70 of the Local Government Act 1919 (NSW)
The consequences of the decision in Pantelone
4. THE LAW OF SUPPORT IN OTHER JURISDICTIONS
New Zealand
England
Queensland
Western Australia
5. OPTIONS FOR REFORM
General
Amendment of Pt 31.4 of Ordinance 70
Amendment to the Real Property Act 1900 (NSW)
