Sheppard v Smith

• 1. Easements
  2. › Extinguishment
  3. › Application under s 89(1) Conveyancing Act 1919 (NSW)
  4. › Abandonment
  5. › Whether acts or omissions of persons entitled to easement may reasonably be considered to have abandoned it
  6. › Whether recording right of way on certificate of title manifested intention not to abandon
  7. › Whether non-user and construction of non-permanent obstacles established abandonment
  8. › Conveyancing Act 1919 (NSW), s 89(1)(b), s 89(1A)
• 1. Easements
  2. › Extinguishment
  3. › Obsolescence
  4. › Right of way granted in unlimited terms
  5. › Whether right of way ought to be deemed obsolete where original purpose of nightsoil removal had ceased
  6. › Whether continued existence secured practical benefit to dominant tenement
  7. › Conveyancing Act 1919 (NSW), s 89(1)(a)
• 1. Easements
  2. › Extinguishment
  3. › Substantial injury
  4. › Whether extinguishment would not substantially injure persons entitled to easement
  5. › Evaluative exercise where right of way not trafficable but genuine intention to use
  6. › Conveyancing Act 1919 (NSW), s 89(1)(c)

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