Easement Essentials: Over Lunch, Over 3 Weeks: Dealing with an Easement that Has Been Omitted from the Register
Oops! What Happens if an Easement has been Omitted from the Register? How does this Interrelate with Indefeasibility? WEB2210N01AZ
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
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
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.
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