REAL PROPERTY — easements — application under s 88K Conveyancing Act 1919 for easements of carriageway and for construction, maintenance and use subject to a term that owner of servient tenement give landowner's consent to lodging an application or approval under Part 3A or consent under Part 4 of Environmental Planning and Assessment Act 1979 (EPA Act) to construct and use ramps to connect applicant's land to a future road bridge or abutment so as to enable applicant to obtain vehicular access for development of its land — preconditions to imposition — whether easements reasonably necessary for effective use or development of applicant's land — applicant's land landlocked for future development and future development sterilised unless easements granted — whether term of easements should be imposed that owner of burdened land give land owner's consent to lodging of application for works on and use of burdened land under Part 3A or Part 4 or both of the EPA Act — relationship between s 88K and planning laws.
Case Details
Citation[2013] NSWLEC 93
CourtNSWLEC
JurisdictionNew South Wales
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