Easement Essentials: Over Lunch, Over 3 Weeks
If you’re a property & planning lawyer or conveyancer, don’t miss the second instalment of the Easement essentials series with barrister Sydney Jacobs. Gain practical guidance on what happens if an easement has been omitted from the register and project the principles as to seeking easements under Sec 88 K Conveyancing Act. Receive critical knowledge on restrictive covenant and leave with the skills needed to seek and extract consent of a covenantee. WEB2210N01Z
Description
Attend the full series 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, 12 October 2022
Oops! What Happens if an Easement has been Omitted from the Register? How does this Interrelate with Indefeasibility? WEB2210N01AZ
1.00pm to 2.00pm Dealing with an Easement that Has Been Omitted from the Register
Why ask for a Sec 88 K relief (where the applicant almost always has to pay compensation and costs), when you might already have easement rights?
How do these ancient principles interact with the Torrens system? This program will discuss:
- Substantive principles, tactic & strategy, including laying the foundations for a costs orders
- Consider the powers of the RG to correct the Register administratively
- Relevant cases such as:
- Turvey v Crotti (No 2) [2019] NSWSC 399
- Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCA 242
- Olympus Superannuation Fund (Tas) Pty Ltd v Recorder of Titles [2022] TASSC 16
- Deguisa v Lynn [2020] HCA 39
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth
Register here for Session 1 only
Session 2
Thursday, 20 October 2022
Passions Aroused by Scaffolding, Rock Anchors and Crane Swing: Using these 3 Recurring Practice Scenarios as a Screen, Project the Principles as to Seeking Easements Under Sec 88 K Conveyancing Act WEB2210N01BZ
1.00pm to 2.00pm Principles for Seeking Easements Under Sec 88 K Conveyancing Act and Case Studies
When one neighbour wishes to develop, they might need access to the others’ land or air space. Such disputes can get heated and lead to litigation under Sec 88 K of the Conveyancing Act. You will consider applications for permanent and temporary easements under this legislation, which is spawning an ever-greater jurisprudence in NSW and jurisdictions with cognate legislation (Qld and Tas). Cases considered will include:
- Twelve Walker Street Pty Ltd v Lee [2017] NSWSC 1807
- Katakouzinos v Roufir Pty Ltd [1999] NSWSC 1045
- Lang Parade Pty Ltd v Peluso & Ors [2005] QSC 112, [2006]1 Qd R 42
- Acorp Developments Pty Ltd v HWR Pty Ltd [2018] NSWLEC 68
- Studholme v Rawson [2020] NSWCA 76
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth
Register here for Session 2 only
Session 3
Wednesday, 26 October 2022
Is your Covenant a Little too Restrictive? Seeking Consent of a Covenantee - or Extracting it! WEB2210N01CZ
1.00pm to 2.00pm Restrictive Covenants: Reasonableness, Interpretation and Modification
Neighbours sometimes do not see eye to eye as to what’s reasonable when a restrictive covenant is concerned.
- Can one circumvent a restrictive covenant by reference to planning instruments?
- How does one interpret a restrictive covenant: Zhang v Brighton CC [2021] VCAT 535 & City of Stonnington v Wallish [2021] VSC 84
- How does one apply to the Supreme Court to modify the terms of a covenant?
- What principles apply?
- What slightly unusual procedure needs to be adopted to initiate such an application
- what is the “old two guineas rule”?
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth
Register here for Session 3 only
Presenters
Sydney Jacobs
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
“Relevant, practical, resourceful, eloquent”
“Great practical tips; interesting, entertaining & funny”
“Very detailed; absolute genius”
“Relaxed and interesting, engaging speaker”
“Excellent; really informative presentation”