The Court held that a Wheeldon v Burrows implied easement did not arise on the transfer of a strata lot where: (1) the quasi-easement (use of a grease trap on common property) had not been used by the grantor (the Owners Corporation) but rather by the grantee under exclusive use rights, failing the fifth element requiring use by the owner of the entirety; and (2) the surrounding circumstances, including pre-transfer correspondence contemplating that grease trap rights would be conferred separately by easement or by-law rather than passing with the grant, negated the presumed intention necessary for implication. However, the Court imposed an easement under s 88K of the Conveyancing Act 1919, finding the easement reasonably necessary for effective use of the lot as a café, that all reasonable attempts to obtain the easement had been made notwithstanding the availability of alternative strata dispute resolution mechanisms, and assessing compensation at $8,400. The Court expressly left open whether Wheeldon v Burrows easements can be enforced as in personam exceptions to Torrens indefeasibility.
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