Sydney presented an online CPD seminar for the Television Education Network (TEN) on 23 February 2024 from 12:10 to 1:05 pm titled The Rights and Wrongs of Rights of Way: Insights from Recent Judicial Decisions Involving Easements, as part of its 18th Annual Property Law Conference.
With an emphasis on decisions in the Land and Environment Court, this session examined a number of recent cases and developments, offering practical strategies into dealing with disputes of this nature, including:
- The right to pass or repass and what it means
- Why rights of way seem to generate so much emotion
- What constitutes “reasonable use” or “unreasonable interference” when it comes to rights of way?
- Consequences of the failure to recognise a right of way
- Associated rights including reasonable repair and maintenance and costs
- When might a right of way become obsolete or abandoned?
- The process for removing a registered right of way
- Creation of new rights of way and setting the terms
- How can the terms of a right of way be changed?