Dealing With the Complexity of Easement Law

This July, we’re delving into property law with a great series focused on the somewhat niche topic of easements. This series of online legal CPD seminars, titled Easement Essentials, will ensure that you are equipped with valuable insights that go beyond the basics.

The Easement Essentials series will run over three sessions on July 18, July 25, and August 1. By attending all three in this series of online seminars, solicitors can be sure to rack up three CPD points in the substantive law category, which is a mandatory CPD category in several territories.

While easements are sometimes considered an obscure aspect of property law, it is important for legal professionals to be equipped to handle easement cases when they come their way.

Let’s take a look at what makes easement law so challenging and why it’s worth brushing up on your knowledge.

Complex Legal Frameworks

Easement law is made up of a mix of statutory laws, legal precedents, and common law principles, which can differ from one jurisdiction to another throughout Australia. This means easement cases can vary drastically depending on where and when they take place, requiring an in-depth understanding from the solicitors dealing with them.

Moreover, creating and terminating easement agreements can be intricate. Express agreement, necessity and long-term use are all valid ways of establishing easements. However, all require a variety of formalities to be observed in order to ensure they are binding.

Changes In Land Ownership

Owing to the inherent long-term nature of land ownership, easements often involve long-term arrangements spanning years or even decades. Complexities arise when land ownership changes hands.

Transfer of ownership is one thing, but it becomes significantly more complex when the land is completely repurposed, such as when farmland is subdivided and converted into housing developments. This means that the effectiveness of preexisting easement agreements is undermined, and litigation might ensue.

Enforcement and Remedies

While a legally binding easement agreement may be in place, it can sometimes be challenging and complex to enforce. Even more challenging is the seeking of remedies when easement agreements are breached or undermined. Your client might seek injunctive relief, damages, or a specific performance.

However, the implementation of enforcement and remedies can be complex because there are often so many conflicting interests at play, with various aspects of case law and legal principles to thoughtfully apply.

Brush up on your easement law essentials this July by signing up to join our legal CPD seminars. At Legalwise Seminars, you can access a vast array of live and on-demand content to earn your points the smart way.