Every easement is a form of interference with the ordinary use of the servient land. However, a right cannot be an easement if it is so extensive that the landowner of the servient tenement is effectively ‘ousted’ from the land…
The question of whether a consent authority has power to suspend the operation of an easement for the purpose of enabling development to be carried out in accordance with a development consent has again been the subject of consideration in…
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…
Easements over Public Land
25 Nov, 2020
Section 88K of the Conveyancing Act 1919 (‘s88K‘) enables the Supreme Court to grant an easement over land in circumstances where such an easement is reasonably necessary for the effective use or development of the land which is to have…