› Implied ancillary rights — right to stop vehicles to load and unload
Real Property
› Torrens System
› Admissibility of extrinsic evidence — physical characteristics at time of grant
Real Property
› Easements
› Carriageway easement — scope of bare grant
Quick Take
1When construing a registered easement under the Torrens system, the relevant physical characteristics of the dominant and servient tenements are those that were reasonably ascertainable by a third party at the time of the grant, not the present physical characteristics; Westfield does not preclude this historical analysis but limits admissible extrinsic evidence to objective, reasonably ascertainable matters rather than subjective intentions of the parties.
2An ancillary right to stop vehicles to load and unload is not a routine incident of a bare grant of carriageway easement adjoining commercial premises; whether such a right is to be implied depends on whether it was necessary for the reasonable enjoyment of the express rights at the time of the grant, assessed by reference to the reasonably ascertainable physical characteristics at that time.
3Documents obtained only through coercive court processes such as dragnet subpoenas, and not shown to have been publicly accessible or reasonably ascertainable by a third party at the time of the grant, are inadmissible as evidence of physical characteristics for the purpose of construing a registered easement.
