Question 1)

How to answer an easement question

Step 1) Establish if it’s an easement by using the elements in re Ellenborough park

Dominant and serviant tenement

Must benefit dominant tenement

Can’t be broad in subject matter

(re Ellenborough park)

\Step 2) common and statutory abandonment (cant have 1 without the other) an issue that the

court considers are if the easement is abandoned or obsolete. A key thing to consider is

abandonment, it was with apparent agreement so it isn’t clear if its been registered. An easement is

created by using lta (land title act) 82-83, compulsory acquisition, s180 implied by courts order pla.

Step 3) registration must be done in writing section 11 pla, it has to be registered s82,83 lta.

When something is abandoned use treweeke v thirty six Wolseley road py ltd (The high court wont

step in to show intent of abandonment and must be significant circumstances to prove it).

If something is obsolete like an access point then go through 181 then subsection a and c, d. was it a

legal pathway, was it a public interest, is their intention to abandon by using another pathway?

(Abandonment is an intention and obsolete refers to usage (when it doesn’t benefit the dominant

tenant ‘I’ll use another time’)

Omitted easements (see Wallace 10.390-10.396)

Step 1-4 characteristics re ellenbourough park

A right of recreation step 4 needs to be clear, on the basis that it’s a right of way it is sufficiently

secured.

There is a dominant and servient tenement ect

Step 2- registration

It’s a registered easement hats in writing that is not on the register, look at indefeasibility

Step 3- indefeasibility (only relates to easements that aren’t registered, ect) 184 & 185. An omitted

easement is an exception to indefeasibility. He would be subject to that particular easement seen in

185 (3) how does it relate to the facts?

A- Easement was in existence when it was first burdened ect

B-

C- Has been an error of the register

A case reference being c would be christopoulos v kells

Week 3 tutorial - property law

Foundations of Property Law (LAWS12065)