Real Property Law - LLB301 Tutorial Notes Week 2 Tutorial: Intro to Land and Land Law Question 1.1 NOTE: In order to help you prepare for assignment 1, for this particular question we will take a different approach than we will do for all of the other tutorial questions. Please find attached an answer to question 1.1 that is given in the format of a letter to a lay person. In assignment 1 you are required to write for a lay audience. In the tutorial, we will critique this letter, and consider where and how it could have been improved. As part of your preparation for this tutorial, please look at this letter, and consider: - Is the answer correct in substance (i.e. is the legal analysis correct) ?; and - Could the structure of the answer and the writing be improved? How? You might like to look at the marking criteria for assignment 1 and consider how you would have marked it. Here is the question: Cranecorp is a private company which supplies cranes for high rise construction in Queensland. Business has been booming recently due to the nature of overseas investment in Brisbane city. In years to come the Brisbane skyline will look fantastic, but for now, it is in a period of transition. Cranecorp is called to a job at a commercial site in Brisbane's West End, an area close to the city and a thriving small business scene. There are many residential and commercial developments going up in West End. Cranecorp's general manager - Suzanne - meets with the builder on site. Suzanne is advised that that Cranecorp will need to have their 60 metre 'tower' crane in place by Friday at 9am as several steel beams need to be loaded onto site before foundational work begins on Monday. The crane work is likely to continue over the weekend. Suzanne surveys the area next to the site for the best possible spot to access the loading point. She decides that the only way to get access is by swinging the jib (or boom) of the crane (which is 20 metres long) over the neighbouring house. There would be an incursion of about 10 metres over the driveway each time the beams are loaded into place. There are 1200 steel beams (groups in lots of 20) to Suzanne is concerned about interference with the house. It will take about 30 minutes for each lot to be picked up and moved into place. Suzanne rings her office and immediately asks the in-house legal advisor for email advice about whether this is possible: "None of that legal mumbo-jumbo this time" she says "I want a clear and concise advice. Tell me what do I need to be aware of? I don't want to end up in Court!" - Does Cranecorp have a legal right to swing its crane boom over the neighbouring property? - If not, who can restrain Cranecorp, how and why? - How could Cranecorp seek to