Planning for Bushfire Protection 2019 (PBP) is often considered by consent authorities when dealing with development applications proposed on bush fire prone land, either by reason of section 4.14 of the Environmental Planning and Assessment Act 1979 (EPA Act) or when…
Easements are interests in land that allow a person – usually the owner of specified land or a public authority – to use land which they do not own for a specific purpose such as access, drainage or water supply….
Unreasonable conduct results in the burdened landowner paying costs in s88K proceedings
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 the recent NSW Supreme Court decision of Maloney v Putu Pty Ltd [2023] NSWSC 1148, the Court granted an easement by prescription over the defendant’s land to formalise the plaintiff’s right to use an access road which the plaintiff,…
Easements over Public Land
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…
The Court of Appeal has confirmed a Supreme Court decision which saw a land-locked lot at Earlwood granted an easement over the Council’s community land used for (access to) a park. The fact that the purchaser of the land knew…