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
This program is based on NSW legislation
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original Content was created in July 2024
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
Attend and earn 1 CPD unit in Substantive Law
Presenters
Sydney Jacobs, Barrister, Thirteen Wentworth
Sydney 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 maintains a dynamic commercial equity practice, with a strong focus on litigation and advisory work across property, partnership, corporate law, building and construction, and strata disputes. He brings particular expertise to easement and covenant disputes, including matters involving both Torrens and Old System land. He is regularly briefed in leasing disputes, off-the-plan contracts, rescission, termination, specific performance, relief against forfeiture, and the recovery of deposits. His practice also covers restraint of trade, and disputes involving options, rights of first refusal, and notices to perform or complete. Sydney was, for 20 years, the sole author of Commercial Damages and Injunctions: Law and Practice, and a contributor to Commercial & International Arbitration (all published by Thomson Reuters). His practice is informed by this foundation of academic rigour, and a commitment to practical, outcome-focused advocacy. Outside of work, Sydney enjoys time with family, competing in tennis, snowboarding, multi-day hikes, photography, and exploring the arts.
This seminar is part of a series
Easement Essentials
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.
View series listing
