Is the easement reasonably necessary? Rainbowforce Pty Limited v Skyton Holdings Pty Limited and Or

Discussion in 'Legal Issues' started by larrylarry, 23rd May, 2022.

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  1. larrylarry

    larrylarry Well-Known Member

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    An oldie but a goodie.
    Rainbowforce Pty Limited v Skyton Holdings Pty Limited and Ors [2010] NSWLEC 2
    Rainbowforce Pty Limited v Skyton Holdings Pty Limited and Ors - NSW Caselaw

    At paragraph 67, Preston J explained how the Court determines if an easement is reasonably necessary pursuant to S88K Conveyancing Act 1919 (NSW).

    It is something to think about for example when you are asked to grant an easement to your neighbour who wishes to develop his block and needs easement on your land for drainage.

    Knowing how a Court determines a S88K application would avoid unnecessary legal costs.
     
    larrylarry, 23rd May, 2022
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    lixas4 and Terry_w like this.
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I was going to paste para 67 here, but there are 10 long points - too long to copy.
     
    Terry_w, 23rd May, 2022
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  3. larrylarry

    larrylarry Well-Known Member

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    Yes, the 10 points are instructive and worth considering.
     
    larrylarry, 23rd May, 2022
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