Judgment
Boggy Sands Development Ltd and The Proprietors of Strata Plan No 823 v The Proprietors, Strata Plan No 70 - Judgment
G 0067/2023 · 2024-09-11
Land Law; Right of way; Extent; Express grant; Whether power in dominant owner to extend grant of right of way to non-dominant land; Rule in Harris v Flower; Whether right of way abandoned by unlawful user; Obstruction by gates. Easements; Extension of easement to non-dominant land; Presumption of abandonment.
Full metadata
| Cause Number | G 0067/2023 |
|---|---|
| Court | CIGC (Civ) |
| Judge | Ramsay-Hale CJ |
| Parties | Boggy Sands Development Ltd and The Proprietors of Strata Plan No 823 v The Proprietors, Strata Plan No 70 - Judgment |
| Judgment Date | 2024-09-11 |
| Subject | Land Law; Right of way; Extent; Express grant; Whether power in dominant owner to extend grant of right of way to non-dominant land; Rule in Harris v Flower; Whether right of way abandoned by unlawful user; Obstruction by gates. Easements; Extension of easement to non-dominant land; Presumption of abandonment. |
| Filename (current) | 24-09-11-Boggy-Sands-v-The-Proprietors-Strata-Plan-No-70-Judgment.pdf |
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