City Developments Pty Ltd & Anor v the Registrar-General of NT & Ors

[2001] NTCA 7

NT Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Land Law
2. › Easements
3. › Creation and validity
4. › Recreational easements
5. › Right to enter and use land for private recreational purposes
6. › Whether right capable of forming subject matter of grant
7. › Whether jus spatiandi can be subject of easement
1. Land Law
2. › Easements
3. › Accommodation of dominant tenement
4. › Whether easement for recreational use of lake and foreshore accommodated dominant tenement
5. › Whether connection between easement and normal enjoyment of dominant tenement established
1. Land Law
2. › Easements
3. › Extent of rights conferred
4. › Whether right to use servient tenement for recreational purposes amounted to joint occupation
5. › Whether right substantially deprived servient owner of proprietorship or possession

Quick Take

A right to enter and use land for 'private recreational purposes', including a jus spatiandi, is capable of forming the subject matter of a valid easement. Such a right does not necessarily amount to joint occupation depriving the servient owner of proprietorship. Whether the recreational easement accommodates the dominant tenement is a question of fact.