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.
Easements: The Most Important Easement Case You’ve Never Heard Of
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.
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.
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
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”
Presenters
Sydney Jacobs, Barrister, 13 Wentworth ChambersSydney Jacobs is a barrister at 13 Wentworth Chambers and an accredited mediator, with additional credentials as a BarADR-accredited arbitrator and expert determiner. An LL.M graduate from Cambridge, Sydney’s commercial equity practice spans property, partnership, corporate law, building and construction, and strata disputes. He brings particular expertise in easement and covenant disputes, including matters involving both Torrens and Old System land. Sydney also has extensive experience in leasing disputes, off-the-plan contracts, rescission, termination, specific performance, relief against forfeiture, and the recovery of deposits. Sydney advises on restraint of trade matters, as well as disputes involving options, rights of first refusal, and notices to perform or complete. Beyond his practice, Sydney is the sole author of two leading publications—Commercial Damages and Injunctions: Law and Practice—and was a key contributor to Commercial & International Arbitration (Thomson Reuters). Outside of work, Sydney enjoys time with family, competing in tennis, snowboarding, and exploring the arts.
Register for this session only
Easements: Litigating Like a Person Possessed
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.
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?
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
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”
Presenters
Sydney Jacobs, Barrister, 13 Wentworth ChambersSydney Jacobs is a barrister at 13 Wentworth Chambers and an accredited mediator, with additional credentials as a BarADR-accredited arbitrator and expert determiner. An LL.M graduate from Cambridge, Sydney’s commercial equity practice spans property, partnership, corporate law, building and construction, and strata disputes. He brings particular expertise in easement and covenant disputes, including matters involving both Torrens and Old System land. Sydney also has extensive experience in leasing disputes, off-the-plan contracts, rescission, termination, specific performance, relief against forfeiture, and the recovery of deposits. Sydney advises on restraint of trade matters, as well as disputes involving options, rights of first refusal, and notices to perform or complete. Beyond his practice, Sydney is the sole author of two leading publications—Commercial Damages and Injunctions: Law and Practice—and was a key contributor to Commercial & International Arbitration (Thomson Reuters). Outside of work, Sydney enjoys time with family, competing in tennis, snowboarding, and exploring the arts.
Register for this session only
Easements: True Construction: What Does it All Mean?
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.
1.00pm to 2.00pm Easements: Disputes and 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.
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
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”
Presenters
Sydney Jacobs, Barrister, 13 Wentworth ChambersSydney Jacobs is a barrister at 13 Wentworth Chambers and an accredited mediator, with additional credentials as a BarADR-accredited arbitrator and expert determiner. An LL.M graduate from Cambridge, Sydney’s commercial equity practice spans property, partnership, corporate law, building and construction, and strata disputes. He brings particular expertise in easement and covenant disputes, including matters involving both Torrens and Old System land. Sydney also has extensive experience in leasing disputes, off-the-plan contracts, rescission, termination, specific performance, relief against forfeiture, and the recovery of deposits. Sydney advises on restraint of trade matters, as well as disputes involving options, rights of first refusal, and notices to perform or complete. Beyond his practice, Sydney is the sole author of two leading publications—Commercial Damages and Injunctions: Law and Practice—and was a key contributor to Commercial & International Arbitration (Thomson Reuters). Outside of work, Sydney enjoys time with family, competing in tennis, snowboarding, and exploring the arts.
Register for this session only
