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 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
