Recorded Webinar: Easements: Development Hiccups and Neighbourhood Wars (NSW)

Wednesday 15th March 2017

Duration:  approx. 2 hours

About the webinar

Easement law is evolving and conflict between the proprietary rights of an easement holder and the property developer is one aspect of this evolution. This session looks at key developments to keep you up to date:

  • The nature of easements and where problems may arise
  • Rules of construction of easements
  • Construing terms of easements on Torrens titled land post Westfield
  • Court ordered easements:
    • reasonable necessity
    • public interest
    • compensation
  • Cost issues from s88K(5) – “paying costs of other side”
  • Consents and s28 Environmental Assessment and Planning Act
  • Novel easements
  • Side of the road easements – access and drainage
  • Shi v Abi-K Pty Ltd [2014] NSWCA 293

Who should attend

This webinar is suitable for lawyers practising in property law in NSW. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Sydney Jacobs, Barrister, Thirteenth Floor Wentworth Chambers, Sydney

Sydney was formerly a lecturer in the subject “Damages and Remedies” offered by the University of Technology Sydney in its Master of Laws program and is an expert determiner approved by the NSW Bar Association.

Sydney authored: Commercial Damages (LBC, 2008).

Sydney currently authors two loose-leaf services, both with Thomson Reuters:  Damages in a Commercial Context and Injunctions: Law and Practice.

Sydney currently is involved in a number of easement matters, two already filed in the Supreme Court and others in preparation. Some involve the application of Sect. 88K of the NSW Conveyancing Act; one involves whether the servient owner has committed a nuisance by erecting obstructions; another involves easements created under Old System plan of sub-division and carried forward to the present day, and whether the original easements were “omitted” from the Register. One case in preparation raises the question of what new rights can be created via S 88K of the Conveyancing Act. i.e. what novel easements may be recognised.

Product Code: WBNMAR17
 Price:  $253.00 (Inclusive of GST)
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