When assessing reasonable necessity under s 88K(1), a court may have regard to surrounding land where the servient tenement is a remnant lot forming part of a larger area of open space, as it would be artificial to consider the burden on such a lot independently. The price paid for a landlocked property and the purchaser's knowledge of its landlocked nature are not factors adverse to the grant of an easement. The 'jealous scrutiny' approach articulated in Etwell v Newcastle City Council is not a governing principle for s 88K applications over community land.
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