Sydney is presenting a CPD seminar for Legalwise on 7 September 2022 from 10 am to 10:45 am titled “Dealing with Things Getting in the Way of Completion”. It forms part of Legalwises’ series “A Practical Guide to Critical Conveyancing Issues”, and will focus on the following topics relating to Sydney’s areas of practice:
- Encroachments
- Easements
- Boundaries
- Artefacts
- Substantially damaged land
- Title defects and the contract’s subject matter
- Where risk sits
- Claims and purchaser remedies
- Latent and patent defects
- How to deal with completing?
The seminar will be in-person at Cliftons Margaret St. For a full schedule for the day, please see the link below.
https://legalwiseseminars.com.au/course/?eventtemplate=2428-a-practical-guide-to-critical-conveyancing-issues&event=9271
For some of Sydney’s property/conveyancing/easement CPD seminars, please see
https://www.sydneyjacobs.com.au/seminar-history/
We look forward to seeing some of you there.
Section 88K of the Conveyancing Act 1919 (NSW) gives a court the power to impose an easement if it is ‘reasonably necessary’ for the effective use or development of the plaintiff’s land.
In a recent article for Legalwise, Sydney distils some of the preconditions that ought be satisfiedin this type of litigation.
Centrally, in Acorp Development v HWR Pty Ltd [2018] NSWLEC 68, Robson J emphasises that parties must identify the terms of the proposed easements with reasonable precision.
What his Honour held has been a theme of recent case law.
Metes and bounds of the easement ought be agreed or adjudicated upon, prior to the court making a finding of “reasonable necessity”: Be sketchy!
Don’t be afraid to get sketchy!