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 Wentworth
Sydney 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.
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
