FitzGerald v Foxes Lane (NSW) Pty Ltd

[2024] NSWSC 1312

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Land Law
2. › Easements
3. › Construction of easements
4. › Whether building a crowned unsealed road and drains is reasonably necessary for the dominant owner’s enjoyment of his rights under the easement
5. › Whether servient owner is entitled to plant crops over right of carriageway
1. Land Law
2. › Easements
3. › Extinguishment of easements
4. › Extinguishment by statute
5. › Whether continued existence of right of carriageway would impede the reasonable user without securing a practical benefit to dominant owner
6. › Whether extinguishment of right of carriageway would not substantially injure the dominant owner
1. Land Law
2. › Easements
3. › Modification of easements
4. › Statutory modification of easements
5. › Whether width of right of carriageway should be narrowed
1. Torts
2. › Nuisance
3. › Private nuisance
4. › Whether obstructions to the right of carriageway caused by the servient owner amounted to a nuisance
5. › Whether grading of the right of carriageway by the dominant owner was excessive user so as to constitute a nuisance and/or trespass

Citation[2024] NSWSC 1312

CourtNSWSC

JurisdictionNew South Wales

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