REAL PROPERTY [407] [415] [434]- Easements- Right of footway- Old System land- Deed creating easement not effective at law because not created by mortgagee, who had legal estate- However, when deed recorded on register then this conferred indefeasibility- Difference in juristic natures of easements and restrictive covenants- What constitutes abandonment of an easement- How to determine a terminus ad quem- Whether easement should be extinguished.
Acts Cited:
Access to Neighbouring Lands Act 2000, Part 2
Conveyancing Act 1919, ss 88, 89
Case Details
Citation[2003] NSWSC 857
CourtNSWSC
JurisdictionNew South Wales
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