[NB easement and covenant cases are marked with **]
Major Advices
**Advised the servient owner of a rural property in relation to the reasonableness of maintaining gates over the right of carriageway and, in addition, whether the dominant owners have acted in excess of their rights and thus committed an actionable nuisance.
Whether a developer of certain land in a beachside suburb of Sydney stood in the position of a promoter, and thus owed fiduciary duties to investors in the scheme, and, if so, whether that cause of action is sufficient to sustain a caveat.
** Conveyancing and easements – purchaser of land contended it benefited from an easement to maintain a privacy buffer in a suburb of Byron Bay. The question was whether that right sustained a caveat and whether the caveat had to be lifted to allow the sale of the putative servient tenement.