Without a solid grasp of easement fundamentals, you're bound to encounter legal roadblocks. Don't risk violating property rights or leaving clients vulnerable. Join us to decipher the nuances of easements, from identifying types to understanding court discretion. Don't overlook crucial avenues or tactics which could lead to delays and disruption or let land law complexities derail your case. Get ready to navigate land law's labyrinth and ensure legal success with this 3-part, 101 guide to easements.
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.
Easement Fundamentals: Strategies and Tactics
Tuesday, 23 July 2024
Without understanding the fundamentals of easements, you’ll encounter legal hurdles at every turn. Don’t run the risk of inadvertently violating someone else’s’ property rights or being unable to protect your clients’. Attend and ensure you’re able to identify the various different types of easements, the inquiries needed, their implications and understand the courts discretion in granting or denying one to strengthen your application.
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
1.00pm to 2.00pm Easement Fundamentals: Strategies and Tactics
- Overview
- Consideration of the common and not so common varieties of easements
- The key takeaways you need to know for each
- How does the court exercise its discretion when considering whether to grant a statutory easement?
- What are the various considerations the court will weigh, e.g. what is ‘reasonably necessary for the effective use or development of land’?
- Tips for getting the court to see it your way
- What inquiries should you make prior to requesting an easement?
- What letter do you need to write?
- What evidence do you need to adduce?
- Opposing an easement application
- On what grounds can you oppose an application for a statutory easement and can you hold your neighbour to ransom?
- Mediation
- How can you best lay the foundation for and conduct an easement mediation?
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth
Presenters
Sydney Jacobs, Barrister, Thirteen WentworthSydney Jacobs is a barrister at 13 Wentworth Chambers. He is also a NMAS accredited mediator, a BarADR accredited arbitrator and an expert determiner. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law, building & construction and strata 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. 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 until recently, part authored the leading loose-leaf service Commercial & International Arbitration (all published by Thomson Reuters). Some of his many cases and publications are to be found on both his 13 Wentworth Chambers website and also his personal website which complements that and provides a glimpse of his personal narrative, including nearby art and distant mountains. He has been, for many years, a popular presenter of CPD seminars.
Register for this session only
Step by Step Guide to Obtaining an Easement - Exploring all Alternatives
Tuesday, 30 July 2024
Don’t overlook crucial avenues for obtaining or opposing easements, leading to unnecessary delays and legal disruption. Neglecting alternatives and tactical considerations will see you facing higher costs, lower compensation, and unsuccessful attempts at securing your desired easement. Discover the best strategies for achieving easements tailored to specific needs, whether for crane swing, rock anchors, scaffold & more in this step-by-step guide.
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
1.00pm to 2.00pm Step by Step Guide to Obtaining an Easement: Exploring all Alternatives
- Understanding the relevant legislation
- Identifying all legislative avenues and alternatives to obtaining (or opposing) an easement
- Comparing and contrasting alternatives to obtaining orders of the court for the imposition of a temporary statutory easements such as easements for access/scaffold/ crane swing/ rock anchors, viz applications under the Access to Neighbouring Land legislation
- Is there legislation dealing specifically with encroachments?
- Comparing and contrasting tactical considerations such as:
- Legal costs
- Level of compensation payable
- General procedural aspects of each legislative alternative / ‘gateway’
- What is the best way to achieve a temporary easement eg for crane swing, rock anchors or scaffold?
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth
Presenters
Sydney Jacobs, Barrister, Thirteen WentworthSydney Jacobs is a barrister at 13 Wentworth Chambers. He is also a NMAS accredited mediator, a BarADR accredited arbitrator and an expert determiner. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law, building & construction and strata 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. 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 until recently, part authored the leading loose-leaf service Commercial & International Arbitration (all published by Thomson Reuters). Some of his many cases and publications are to be found on both his 13 Wentworth Chambers website and also his personal website which complements that and provides a glimpse of his personal narrative, including nearby art and distant mountains. He has been, for many years, a popular presenter of CPD seminars.
Register for this session only
Special Considerations in Easements: Land Law, Choosing the Correct Forum and Jurisdictional Issues
Tuesday, 6 August 2024
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.
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, Barrister, Thirteen WentworthSydney Jacobs is a barrister at 13 Wentworth Chambers. He is also a NMAS accredited mediator, a BarADR accredited arbitrator and an expert determiner. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law, building & construction and strata 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. 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 until recently, part authored the leading loose-leaf service Commercial & International Arbitration (all published by Thomson Reuters). Some of his many cases and publications are to be found on both his 13 Wentworth Chambers website and also his personal website which complements that and provides a glimpse of his personal narrative, including nearby art and distant mountains. He has been, for many years, a popular presenter of CPD seminars.
Register for this session only
