REAL PROPERTY - Easement- whether express easement exists as a matter of construction of conveyancing grant- HELD: No express easement.
REAL PROPERTY- Easement- whether there is a prescriptive easement as a result of continued use by plaintiffs and their predecessors in title, issue of permission-HELD: Prescriptive easement established for two of the three properties belonging to the Plaintiffs.
REAL PROPERTY - Easement- whether right to statutory easement exists under s.88K Conveyancing Act 1919 (NSW)- Whether ‘reasonable necessity, whether easement is inconsistent with public interest, whether all reasonable attempts made to obtain the easement- adequacy of amount not in issue-HELD: Easement granted for the benefit of the third property
Case Details
Citation[2016] NSWSC 1262
CourtNSWSC
JurisdictionNew South Wales
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