While you may own your land in Freehold, this is not the highest level of ownership available. The State Government holds higher Title over all land in right of the Crown and can take back your land or parts of it to meet public needs, such as road widening, building a train line, adding an electric pole or for sewerage and water works. However, they cannot take it back without giving you fair compensation, your rights being protected by the Land Administration Act and numerous legal precedents. This process of taking land back is referred to as resumption of land and, the acquiring authority is required by law to pay fair compensation for this activity.
According to the Land Administration Act, you will be entitled to a fair amount to compensate you for your loss. Not just for the land taken, but also for other factors such as incidental costs that you would not have ordinarily incurred; solace for hardship and other intangible losses; and, in the case of a part take, the effect of the taking and the public work in reducing or improving the value of the remaining land. This involves a complex process of working out a pre- and post-resumption value as well as how the resumption itself affects the value of your remaining property such as building a highway through your quiet rural backyard impacting on the value of the remaining land and buildings. It is important that you seek competent advice for such a complex issue.
As your property resumption specialists, we will prepare a detailed report to support your claim for adequate compensation making sure we cover all aspects and that your best interests are protected.
When land is being resumed, you will need proper compensation advice in order to make an informed decision that follows all the required procedural and legal requirements and to ensure you receive full rights to compensation.
Contact us to organise your resumption compensation consultation.