matter enjoyed and the premises to which the enjoyment is expressed to belong.
Quick Take
1A privilege or advantage for the purposes of s 36 of the Law of Property Act 1936 (SA) must benefit the conveyed land in a way that differs from how it benefits others; use of a public municipal carpark by visitors to adjacent land, indistinguishable from general public use, is insufficient to attract the statutory metamorphosis of that use into an easement upon conveyance
2The implication of a common intention easement for fire safety access requires that the need for such access be clearly and obviously necessary for the intended use of the land; the mere issue of a certificate of classification under the Building Act does not create proprietary rights, and contestable questions of building code compliance do not provide a sufficient basis for imputing the requisite common intention
3Whether s 36 of the LPA applies to Torrens title land, and whether a transfer under the Real Property Act 1886 (SA) constitutes a 'conveyance' for the purposes of s 36, were expressly left open
