In a recent case in which JS Mueller & Co Lawyers acted for the successful owners corporation, the Supreme Court took an interesting journey back in time to land dealings in the early days of the British penal colony in New South Wales, and clarified one aspect of cases where easements are sought pursuant to section 88K of the Conveyancing Act 1919.
Interestingly, the Supreme Court upheld the validity of easements over land created in 1839 and the validity of easements over the same piece of land ordered by the Supreme Court in 2003.
This highlights the difficulty a party will have in challenging property rights that have existed for almost 200 years.
So, what iconic Sydney buildings did this involve? Supreme Court Upholds Validity of Easements
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