Easement Disputes – Rights, Risks & Strategic Considerations – Leo Cussen Centre for Law

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Easement Disputes – Rights, Risks & Strategic Considerations

Easement Disputes – Rights, Risks & Strategic Considerations

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Easements often sit quietly on title until they become the central issue in a dispute. Whether arising through long-standing use, statutory creation, or contested litigation, easements remain a technically complex and strategically significant aspect of property law. 

This seminar will provide a clear understanding of easement rights and risks is essential to avoid costly disputes and achieve practical outcomes, including:  

  • Types of easements - express, implied, prescriptive and statutory. 
  • The role of the Subdivision Act 1988 (Vic) (s 36) in creating easements for services, access and support.  
  • Modifying or extinguishing easements under the Property Law Act 1958 (Vic) (s 84). 
  • Strategic considerations in easement disputes - Including proceedings in VCAT and the Supreme Court of Victoria. 
  • Recent cases and practical guidance for asserting or resisting easement claims.