Easement Essentials Series
Enhance your skillset by going beyond the basics so you’re prepared for any easement matter that comes your way with attending this series. Designed with property & planning lawyers and conveyancers in mind, explore one of the most important easement cases you’ve ever heard of. Delve into the acquisition of property and key litigation issues and finally, work through practical strategies as to the drafting of instruments granting easements & covenants to avoid disputes. WEB237N02Z
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
Tuesday, 18 July 2023
Have you heard of this easement case? Know how to successfully obtain orders for easement? Join a captivating presentation by Sydney Jacobs as he delves into a significant but often overlooked easement case. Despite its age, this case is a need-to-know due to its a crucial reference in subsequent legal proceedings. Don't miss out on this opportunity to gain valuable insights into an obscure yet influential legal matter. WEB237N02AZ
1.00pm to 2.00pm Easements: The Most Important Easement Case You’ve Never Heard Of
Orders for easements e.g. stormwater, access, scaffold, crane swing and rock anchors can be obtained in NSW in the Supreme Court, Real Property List via Sec 88k of the Conveyancing Act, also in the Land and Environment Court.
There is similar legislation in Tasmania, Queensland and the Northern Territory.
Join Sydney Jacobs, Barrister for a presentation on the special planning considerations that apply when seeking an easement against Councils e.g. is the land community or operational?
In the process, consideration will be given to one of the most important cases in this area that you may never have heard of (a case concerning development of a battle axe block where an access easement was required over Council land) . This case is referenced by side draft in many subsequent cases.
Sydney will consider the latest case law on seeking easements against Councils in the Land and Environment Court.
Register here for Session 1 only
Session 2
Tuesday, 25 July 2023
Attend and unravel a compelling series of recent cases and walk away with insights into the acquisition of property interests. Delving into the realm of land ownership, these captivating cases shed light on situations where litigants have asserted their claims through adverse possession, long user, or prescription. Don’t miss this chance to Join Sydney Jacobs, as he guides you through these fascinating legal battles, examining the complexities and implications of property rights acquisition. WEB237N02BZ
1.00pm to 2.00pm Easements: Litigating Like a Person Possessed
What do dunny lanes, Hampstead Heath and fruit farmers have to tell us about acquiring interests in property, including easements via adverse possession/long user?
Join Sydney Jacobs, Barrister, for a look at the spate of interesting recent cases where litigants have claimed interests in land via adverse possession/long user/ prescription. The interests claimed are either an entire lot, or an easement in respect of a lot and explore:
- What kind of easements can be claimed this way?
- What is the type of evidence one needs to adduce?
- Can there be time-gaps in the evidence?
- Can the user of one owner be tacked onto the user of another?
- Does it make any difference whether the land is Old System or Torrens?
Register here for Session 2 only
Session 3
Tuesday, 1 August 2023
Don’t miss this instalment of the easement essential series with Sydney Jacobs where you’ll gain valuable insights into the rules governing their true construction. Receive practical suggestions as to the drafting of instruments that grant easements and covenants and equip yourself with practical knowledge to avoid disputes. WEB238N02CZ
1.00pm to 2.00pm Easements: True Construction: What Does it All Mean?
A common category of easement disputation concerns the rules applicable to the true construction of easements and covenants, for example:
- What extent of user an easement provides for
- What type of construction a covenant prohibits
Join Sydney Jacobs for a practically focused exploration of the latest cases that shed light on the rules that apply to the true construction of easements and covenants, how they differ to the rules for construction of commercial contracts; and for some practical suggestions as to the drafting of instruments granting of such interests to quell neighbourly disputation before it flares into mortal combat.
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”