March 2022: NSW Property Law Conference

Sydney presented one of the sessions at TEN’s annual NSW Property Law Conference titled “Recent Developments in NSW Easements and Restrictive Covenant Law”. It examined some of the recent case law developments in easements and restrictive covenants. It also examined the interpretation of restrictive covenant clauses. In particular, Sydney focused on the following issues:

(1) Easements

  • Easements under s88K Conveyancing Act 1919 – some key essentials
  • Application for easement and cost issues for applicants
  • A review of recent NSW case law developments for easements
  • Case update, including Aussie Skip Recycle P/L v Strathfield Municipal Council (2020) NSWCA 292

(2) Restrictive Covenants

  • Interpreting the restrictive covenant –consent not ‘unreasonably withheld’
  • Case study – Is there an intersection between restrictive covenants and easements?
  • A review of recent NSW case law developments for restrictive covenants
  • Case update, including The Owners Strata Plan 85044 v Murrell [2020] NSWSC 20

His slides are available for viewing below:

Recent Developments in NSW Easements and Restrictive Covenant Law