Easements/Covenants

Sydney has appeared, and continues to be briefed, in many cases involving easements and covenants. His experience includes applications to be granted easements (including rights of carriageway, stormwater/drainage and services), applications to restrain servient owners from obstructing the use of an easement, applications for declaratory relief in respect of easement rights and the consideration of related issues, such as whether easements have become obsolete, or whether covenants have been overridden by planning instruments.

The easement cases he has been involved in range from situations where private clients wish to develop a block of land into duplexes to advising in state significant matters involving the laying out of an entire new suburb. His cases are more fully listed at “Selected Cases” and include Gee v Burger, Hilton v Sunrise Resources, Stepanovski v Chen, Kocagil v Chen and Turvey v Crotti. Sydney is currently briefed in a number of Supreme Court Equity Division easement matters which are being case managed to trial.