Introduction The Supreme Court has the power to grant easements if the easement is “reasonably necessary for the effective use or development of other land that will have the benefit of the easement”: s 88K(1) of the Conveyancing Act 1919…
In a recent Supreme Court decision, the Court exercised its discretion to impose an easement over the defendant’s land to provide access to landlocked land, after the defendant constructed a gate to prevent informal access. The plaintiffs had used the informal…
Justice Preston, Chief Judge of the Land and Environment Court of New South Wales, recently issued judgment against the Sydney Water Corporation (Sydney Water) in proceedings brought by JK Williams Staff Pty Ltd (Williams) for the significant erosion of the…