Easement Essentials: Special Considerations in Easements: Land Law, Choosing the Correct Forum and Jurisdictional Issues
Neglecting the intricacies of land law, forum selection, and jurisdictional issues can lead to legal dilemmas and missed opportunities. Without a clear grasp of title relevance to easement applications and court jurisdiction, your case could face unnecessary delays or even dismissal. Don’t limit your ability to obtain a favourable outcome for your client, instead, attend and navigate these complexities with confidence and clarity. WEB248N14C
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
1.00pm to 2.00pm Special Considerations in Easements: 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
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.