REAL PROPERTY — Torrens Title — easement — application to extinguish — Conveyancing Act 1919, s 89 — in 1977 a 20 metre wide right of carriage way was created over rural land — dominant tenement has alternative access to main highway — original purpose of right of carriageway is obscure — whether circumstances warrant extinguishment or modification of right of carriageway under Conveyancing Act, s 89(1)(a), (b) or (c) — HELD — no basis to extinguish or modify the easement under Conveyancing Act, s 89.
Case Details
Citation[2012] NSWSC 295
CourtNSWSC
JurisdictionNew South Wales
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