|This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020
Section 88K of the Conveyancing Act 1919 (NSW) permits the Supreme Court of NSW to impose an easement over land (the servient tenement) if it is reasonably necessary for the effective use or development of other land (the dominant tenement) with the benefit of the easement. Whilst the “reasonably necessary” test does not require “absolute necessity”, each case will be different as to whether the relevant facts satisfy the reasonable necessity threshold. Does it make a difference if the owner of the dominant tenement has created the necessity by their own action or inaction. Further, what is meant by the “effective use or development” of land? This presentation will review recent and other cases that have considered each of these issues. It will also consider the assessment of compensation that may be ordered in favour of the servient tenement owner for the imposition of the easement and each of the other requirements that must be satisfied to successfully have the Supreme Court impose an easement over the servient tenement to the benefit of the dominant tenement.
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|Recorded on 24 November 2020|
|Andrew Fernon, Barrister, University Chambers|
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