Be Sketchy! Agreeing on terms of an easement before engaging s88K of the Conveyancing Act

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!