Easement Essentials: Over Lunch, Over 3 Weeks
Increase your knowledge & understanding with this series on easements for property & planning lawyers and conveyancers. Begin with the fundamentals including easement strategies, tactics, applications & mediation, then explore how to obtain an easement and all of the alternatives. Finally, take a deep dive into land law, choosing a forum & jurisdictional issues. Enhance your skillset by going beyond the basics so you’re prepared for any easement matter that comes your way. WEB2110N02
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
Session 1
Wednesday, 13 October 2021
1.00pm to 2.00pm Easement Fundamentals: Strategies and Tactics
- Overview
- Consideration of the common and not so common varieties of easements
- The key takeaways you need to know for each
- How does the court exercise its discretion when considering whether to grant a statutory easement?
- What are the various considerations the court will weigh, e.g. what is ‘reasonably necessary for the effective use or development of land’?
- Tips for getting the court to see it your way
- What inquiries should you make prior to requesting an easement?
- What letter do you need to write?
- What evidence do you need to adduce?
- Opposing an easement application
- On what grounds can you oppose an application for a statutory easement and can you hold your neighbour to ransom?
- Mediation
- How can you best lay the foundation for and conduct an easement mediation?
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Selborne
Register here for Session 1 only
Session 2
Wednesday, 20 October 2021
1.00pm to 2.00pm Step by Step Guide to Obtaining an Easement: Exploring all Alternatives
- Understanding the relevant legislation
- Identifying all legislative avenues and alternatives to obtaining (or opposing) an easement
- Comparing and contrasting alternatives to obtaining orders of the court for the imposition of a temporary statutory easements such as easements for access/scaffold/ crane swing/ rock anchors, viz applications under the Access to Neighbouring Land legislation
- Is there legislation dealing specifically with encroachments?
- Comparing and contrasting tactical considerations such as:
- Legal costs
- Level of compensation payable
- General procedural aspects of each legislative alternative / ‘gateway’
- What is the best way to achieve a temporary easement e.g.: for crane swing, rock anchors or scaffold?
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Selborne
Register here for Session 2 only
Session 3
Wednesday, 27 October 2021
1.00pm to 2.00pm Special Considerations: Land Law, Choosing the Correct Forum and Jurisdictional Issues
Take a deep dive into both land law and jurisdictional issues pertaining to easements, trespass and nuisance.
- Considering relevance of the form of title to easement applications, i.e. whether Common law or Torrens
- What is the appropriate court to approach and why?
- What jurisdiction does each of these courts relevantly have in easement, trespass and nuisance matters?
- A closer look at the jurisdiction of the District Court to grant injunctions against trespass and nuisance
- The intersection of cases relating to planes, cranes and a cavoodle called Oscar
- Analyse the tactical considerations in each forum choice, e.g. compensation & damages, whether expedition can be sought, and if so, how
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Selborne
Register here for Session 3 only
Presenters
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction disputes. Sydney has gained expertise in easements involving both Torrens and Old System land, leasing matters, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/ termination /specific performance /relief against forfeiture/ claiming the return of deposits, options/rights of first refusal, and strata disputes. A list of his many cases and publications is to be found on his 13 Wentworth Chambers website. Underscoring a life dedicated to the law (when he is not snowboarding), Sydney is the sole author of two major loose-leaf services, namely: Commercial Damages and Injunctions: Law and Practice, and part authors the leading loose-leaf service Commercial & International Arbitration (all published by Thomson Reuters). He has been, for many years, a popular presenter of CPD seminars.
Testimonials
Testimonials from Sydney’s past property law presentations:
“Relevant, practical, resourceful, eloquent”
“Great practical tips; interesting, entertaining & funny”
“Very detailed; absolute genius”
“Relaxed and interesting, engaging speaker”
“Excellent; really informative presentation”