Live Webinar: Beyond the Title – Litigating Proprietary Claims Against Real Property

When: Monday, 20 October 2025

Time: 1:30–2:30pm AEDT (UTC+11)

Format: Live online (Zoom)

Register: Secure your place here

Disputes over who really owns or controls real property don’t end at what’s written on the title. In this fast-paced, practical session, we’ll unpack how proprietary claims are framed and fought—beyond the register—so you can run (or defend) these cases with confidence.

What we’ll cover

  • Key causes of action beyond title: constructive trusts, resulting trusts, estoppel, unjust enrichment and more.

  • Pleading and proof: evidence that moves the dial, tracing issues, and how to deal with competing narratives.

  • Remedies & enforcement: getting from judgment to outcome—declarations, charges, orders for sale, and practical pitfalls.

  • Strategy & procedure: interlocutory steps, urgent relief, and settlement dynamics in real property disputes.

Session format

A 55-minute presentation followed by up to 5 minutes of live Q&A. Bring your questions.

How to join

Click Register above to secure your spot. You’ll receive a Zoom link in the confirmation/invite ahead of the session.

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.

Sydney will be presenting a series of three CPD seminars for Legalwise titled Easement Essentials. Each seminar will focus on one of his areas of expertise and extract relevant practice tips for property lawyers, planning lawyers and conveyancers.

The details for each session are below:

  • Tuesday 18 July, 1–2pm – Easements: The Most Important Easement Case You’ve Never Heard of
  • Tuesday 25 July, 1–2pm – Easements: Litigating Like a Person Possessed
  • Tuesday 1 August, 1–2pm – Easements: True Construction – What Does it All Mean?

More information, including booking details, can be found via the Legalwise Seminars web link below:

https://legalwiseseminars.com.au/course/?eventtemplate=2999-easement-essentials-series&event=11197

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.

We look forward to seeing you there.

Sydney will be presenting a CPD seminar for TEN (Television Education Network) on the 24th of February titled “Picking over the Bones of Recent Easement Cases”.

 

Easements continue to be grist for the mill in property law litigation. This session will examine in detail a number of recent judicial decisions on easements in NSW and their effect on both dominant and servient owners, including:

  • Rights of a dominant owner to maintain a carriageway
  • Evidentiary requirements for “track in use” cases
  • When can CCTV’s monitoring  an easement constitute an invasion of privacy
  • Can an easement be obtained via proprietary estoppel?
  • Considerations of the court in granting easements under s88K of the Conveyancing Act
  • Powers of the NSW Registrar General with respect to easements

 

The session will be run online from 10:05 – 10:55 am. More information, including booking details, can be found on the TEN website.

For some of Sydney’s other CPD seminars on easements, please see Seminar History.

We look forward to seeing you there.

Sydney is presenting a series of three CPD seminars with Legalwise in October titled “Easement Essentials Series 2: Over Lunch, Over 3 Weeks”. Each seminar will focus on an easement topic relating to Sydney’s practice:

 

 

The seminars will be offered online through Legalwise, both as a three-part series and individually. Please visit this link for more detailed information.

For some of Sydney’s property/conveyancing/easement CPD seminars, including last year’s Easement Essentials series, please see Seminar History.

We look forward to seeing some of you there.

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:

 

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!

Sydney will be presenting a lecture titled “Recent Developments in NSW Easements and Restrictive Covenants” with Television Education Network on the 17th of May, 2022.

If you are interested in attending or finding out more, please see the page below:

NSW Property Law: War Stories & Lessons in Practice Online Conference