Has a neighbour approached you with a request that you agree to grant an easement, perhaps to run drainage through or drive over, over your land? If so, it is essential that know what your rights are, now and into the future.

Your $$$$$$ compensation

In most instances, you have right to be compensated for an easement imposed over your land. The compensation amount is usually either agreed with party requesting the easement or ordered by the Court. The amount will vary depending on several things which may include the needs of the party requesting the easement, the amount of an expert’s valuation of the impact of the easement, the nature of the easement granted and your or your solicitor’s negotiation skills.

Your right to compensation is reflected by section 88K (4) of the Conveyancing Act 1919 which provides that if the Court makes an order imposing an easement over land that it also provide in the order an amount for compensation to the land owner unless there may be special circumstances.

Your legal costs paid

It is very important to seek legal advice regarding a potential easement over your land and ensure your rights are properly protected during the process to agree to grant the easement, the construction of the easement and into the future.

It is common practice for developers (or people requesting the easement) to agree to pay your legal fees.  Here is a template letter you can use to request this.

If you agree to grant the easement without the need for Court proceedings, we recommend you enter into a Deed with the neighbour that includes a provision that all your legal costs of and associated with the granting of the easement are paid by the neighbour. This ensures your neighbour pays your legal costs and you are not out of pocket.

If the dispute ends up in Court, perhaps because the amount of compensation cannot be agreed or the neighbour has not been reasonable, section 88K (5) of the Conveyancing Act 1919 provides that the costs of the proceedings are payable by the applicant, subject to any order of the Court to the contrary.

Ongoing maintenance of the easement

Many easements require ongoing maintenance either on a regular basis, or perhaps in 10 years when the piping under the ground may need fixing. Provision for ongoing maintenance is best included in the Transfer Granting Easement, which is the document that provides permission from a land owner for an easement to be created over their land.

We recommend you enter into a Deed with the neighbour which includes a provision that ensures either the current owner or future owners of the land benefited by the easement keep the easement in good repair and working order. This type of provision may save you many thousands of dollars down the track.

Protection from any liability

There will often be construction works associated with the easement and it is important you are protected should there be an accident such as a person being hit by a falling fence or a child falling into a hole on your land.

We recommend you enter into a Deed with the neighbour which includes a provision that ensures you are indemnified against any liability, loss, claim or proceeding arising out of the construction works associated with the easement.

What to do next?

No matter at what stage of the granting an easement process you may be, you will benefit from obtaining legal advice to assist you in achieving the maximum amount of compensation payable and ensuring your rights are properly protected now and into the future.

Feel free to ask us any question you may have and we look forward to helping you – 02 7200 8200 or adam@adamahmed.com.au

Top tax lawyer gives 3 tips on what to do if your cash flow boost has been refused or isn’t coming through:

Hope this video helps. Best of luck!

Contact number is 02 7200 8200 and email is adam@adamahmed.com.au if you need it

The Government recently introduced the cash flow boost for pretty much everyone who has employees.

A lot of people got it, but some people missed out for various reasons, usually a technicality of some sort or just a processing delay. What is interesting is the ATO doesn’t seem to be applying the law correctly. Many people meet the requirements of the legislation, but the ATO refuses to pay them.

Are you one of these people?

Its tough to see other competing businesses get the money when you don’t, especially when you need it too. Especially when you have done the right thing, are hiring staff and helping keep the economy afloat.

Fortunately (or unforutnately) this is a common problem.

Step 1 – identify the REAL problem

For example a common one is that you didn’t have PAYG registration before 12 March 2020. This is not actually a requirement of the law and the ATO has acknowledged as much on their website. When the ATO is asking you for information about paying employees before 12 March 2020, what they are really asking you is if you have tried to fraudulently claim the cash flow boost. Its a different question, but its important, because you can’t answer the REAL question if you don’t know what it is.

Step 2 – Talk to a person

The ATO is completely overwhelmed by calls and new legislative changes right now. They are building automated processes which allow a quick burn and churn. Whilst that will help most people, it won’t help you if you have a unique situation. The person with a chun and burn mentality cannot look into or understand the nuance. You need to try to talk to someone. Impossible? Not really, there are a lot of administrative maneouvers you can try and that will work. Find out what these are and use them.

Step 3 – Hold your ground

If you qualify, you need to be paid. There isn’t much more to it. Make sure you go through the requirements of the LAW (not just the ATO website). If you meet the requirements, then you are entitled to be paid.

The phone of the firm in the video is 02 7200 8200 or email adam@adamahmed.com.au

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We have prepared a template to help you go through the requirements of the law and identify whether you are eligible. It comes with a free 15 minute consultation with a tax expert if you need it. Best of luck, we hope you can get your boost.

If you came here just to get a template or sample tax objection form to use – click here.

If you are interested in learning more about the process and how to do an objection, please read on.

If the ATO has made a decision you are unhappy with, you may have the right to object.  It will generally tell you so on the letter.

If you are planning to object, here are some tips I’ve picked up over the years:

1.  Get the facts

Read their decision again and underline the factual points they make that are wrong and make a note of these.  The facts are the easiest points to prove are wrong.  For example, they might say you were working 5 days a week when in fact you only work 3 days.  Keep a list of these facts.

2.  Consider the implications of these facts

Think about the tax outcome from the facts being incorrect.  For example, if they say you made sales you didn’t, then obviously that will mean you have a lower tax bill.  However, if they say you made less sales than you actually did, then you will essentially be saying they under-taxed you.  Think through the ramifications of the facts that are wrong.

Also consider their relevance.  Sometimes bringing up errors that are inconsequential can hurt your case because the objection officer will quickly form the view that, whilst there may have been factual errors, none of them affect the outcome.  List the facts in order of relevance to the outcome.  If you have a list of other grievances you want to raise, feel free to raise those but do so in the end and make sure you set out a reason for doing so – for example, you may say the auditor did not take the time to consider all the facts which is demonstrated by the behavior you are raising.  Keep it relevant.

3. Remember how you got here & remember your audience

Its easy to blame the auditor (or the original decision maker) as a bad egg and that they didn’t understand you, just got it wrong or perhaps they were a terrible person. 

Whilst there might be merit in this view, at the end of the day you are still dealing with the same organization – the ATO.  The objections officer will be inclined to side with the auditor who is from the same organization rather than you.  Its nothing personal against you, its just they don’t know you at all so will be more inclined to follow the viewpoint of one of their colleagues than yours.

As such, think about what it was specifically that occurred during the audit process or de-railed the original decision and make sure that doesn’t happen again.

4. Consider your strategy

You won’t know initially where this is going to end up.  If you are unhappy with the objection officer’s decision you will need to go to Court or the Tribunal.  Ideally you should set it up for a Tribunal hearing because that will put pressure on the objections officer to consider the matter more carefully.

The best way to do this is to have an overall strategy.  The objective of the strategy is to get the outcome you want, whether it is a lower tax bill or overturning an unfavourable decision.  Think about what the elements are that are necessary to achieve this strategy. 

Don’t make it easy for them to reject you.

5. Include all your grounds

As a technical rule you need to include all the grounds of your objection.  To do this you will need to identify the key issues that make up your argument.

Steps 1 – 4 should help you do this. 

This website does have a tax objection template you can use which serves as a good example of how to set out an objection. 

Alternatively, we would be happy to help or discuss with you if you would like.  Please feel free to call me on my direct line 02 7200 8201 or email me personally at adam@adamahmed.com.au

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