What are recent cases are telling us about the courts’ approach to easement applications? Take a deep dive into the case law on Section 88K of the Conveyancing Act, focusing on when and how courts are willing to impose easements in favour of a landowner. With development consents increasingly conditioned on securing easements – for stormwater drainage, access, bushfire protection, or even crane swing – knowing how to approach these matters is essential.
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Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
1.00pm to 2.00pm Easements Under Section 88K in Focus: Trends, Risks and Strategic Use
You’ll hear practical insights from recent decisions in the Supreme Court and the Land and Environment Court, with a focus on:
- What factors courts are considering when assessing Section 88K applications
- The cost implications under Section 88K(5) and how to navigate them
- When to push forward and when a negotiated solution may be the better option
This is a chance to step back and consider the broader strategic trends emerging in this area – and what they mean for your clients and your approach.
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth
Presenters
Sydney Jacobs, Barrister, Thirteen Wentworth
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction 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. A list of his many cases and publications is to be found on his 13 Wentworth Chambers website. 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 part authors the leading loose-leaf service Commercial & International Arbitration (all published by Thomson Reuters). He has been, for many years, a popular presenter of CPD seminars.
