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Access to Neighbouring Lands Act, Dividing Fences Act and Licences by Implication: the First Cousin of Easements

Access disputes between neighbouring landowners are rarely straightforward, particularly where statutory remedies, equitable doctrines and informal land use arrangements intersect. Explore the practical operation of the Access to Neighbouring Lands Act and Dividing Fences Act. It will critically examine whether ANLA applications are truly a more efficient alternative to relief under s 88K Conveyancing Act, and how courts deal with long-standing but unformalised access arrangements.

Wednesday, 21 October 2026
Chair:

Kim Boettcher, Barrister, Frederick Jordan Chambers

Description

Attend and earn 1 CPD unit in Substantive Law 
This program is based on NSW legislation

1.00pm to 2.00pm Access to Neighbouring Lands Act, Dividing Fences Act and Licences by Implication: the First Cousin of Easements
  • Is an application under the ANLA truly quicker/cheaper/overall preferable to an application for a temporary easement in the Supreme Court under Sec 88K Conveyancing Act?
  • Can the Local Court order a neighbour who puts up a dividing fence without input from the adjoining neighbour, to take it down?
  • What of the situation where Whiteacre has openly and without force used a defined track over Blackacre for eons, but does not have an easement on title and might have an uphill battle showing an easement by prescription/ long user?
  • Can Whiteacre’s owners argue that by long conduct, it has acquired the benefit of a personal licence?
  • If yes, is the licence revocable at will?

Presented by Sydney Jacobs, Barrister, 13 Wentworth Chambers; Accredited mediator; Bar ADR Expert Determiner

Presenters


Sydney Jacobs, Barrister, 13 Wentworth Chambers
Sydney Jacobs is a barrister, accredited mediator and a Bar ADR Expert Determiner, with a longstanding specialist practice in easement, covenant and real property disputes. He is widely briefed in matters involving the creation (e.g. by long user), interpretation and validity of easements, their enforcement and imposition by applications under s 88K of the Conveyancing Act 1919 (NSW). Such disputes might concern rights of carriageway, stormwater, other utilities, crane swing and rock anchors. These matters involve both Torrens and Old System land. An LL.M graduate of the University of Cambridge, Sydney practices broadly in commercial equity and property law, with experience across partnership and corporate disputes, building and construction matters, strata disputes, leasing, and contracts for the sale of land, including off-the-plan sales, rescission and termination, specific performance, relief against forfeiture, recovery of deposits, and notices to perform or complete. He is also briefed in disputes involving options, rights of first refusal, and restraint of trade. For 20 years, Sydney was the sole author of Commercial Damages and Injunctions: Law and Practice, and a contributor to Commercial & International Arbitration (Thomson Reuters). His practice is characterised by doctrinal depth and practical, outcome-focused advice, informed by extensive experience in complex property and easement disputes.

Kim Boettcher, Barrister, Frederick Jordan Chambers
Kim is a Barrister at Frederick Jordan Chambers in Sydney.  Kim practises in Equity, Property Law, Protective and Guardianship Law, and in the Probate and Succession List.  Prior to coming to the Bar, she practised as a Solicitor in commercial and civil litigation law in London, Sydney and Brisbane.  Kim was appointed to the NSW Minister of Fair Trading's Retirement Villages Advisory Council in 2013 and also to the Minister's Expert Committee on Retirement Villages Standard Contract Terms and Disclosure Documents in 2011.   Kim was a member of the inaugural Legal Services Council in 2014 and reappointed from 2017-2020.   She was Treasurer of the International Commission of Jurists Australia and the NSW Bar Association’s Succession and Elder Law Committee from 2021-2024.  She is now a member of the Human Rights Committee and NSW Regional Women Lawyers even though she usually has to work in Sydney.




This seminar is part of a series

Property Law: Access, Easements, Licences and Undisclosed Encumbrances

Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

Description

Attend the whole series and earn 2 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

WEB2610N03A

Access to Neighbouring Lands Act, Dividing Fences Act and Licences by Implication: the First Cousin of Easements

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Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

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Single Session
Wednesday, 21 October 2026
1.00pm to 2.00pm Australia/Sydney
CPD Points 1
$160.00
Online 20260707 20261021

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On Demand 20260707 20261021

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Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

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Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

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Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

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Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

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[{seminar_description_for_website=

Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

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Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

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Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

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Neighbour disputes, access rights and hidden encumbrances continue to present complex and high-risk challenges for NSW property practitioners. This two-part series you will; take a deep dive into the statutory and common law frameworks governing access to land, dividing fences and informal rights. In addition, examine the evolving scope of the duty of care for solicitors and conveyancers, highlighting where you are most exposed in transactional and advisory contexts.

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