Easements - Navigating the Legal Complexities

Easements can often lie quietly on a title until they don’t. Whether implied by continual use, created by statute or litigated to the brink of extinguishment, easements endure to be demanding and strategically significant in property law disputes.  Easements are often overlooked until they become the focal point of the dispute. Whether they arise through longstanding use, legislative provisions, or litigation, easements carry significant implications for property owners, developers, and practitioners. 

This seminar will cover:  

• Types of easements - Express, implied, perspective, and statutory easement. 
• The Subdivision Act 1988 (s 36) - creates easements for services, access, and support in subdivisions—often overlooked but critical in resolving property disputes.  
• Easement of necessity and evolving judicial interpretation. 
• What is the threshold for substantial interference. 
• Modifying or extinguishing easements - s 84 of the Property Law Act 1958 
• Recent cases and strategies for requesting or opposing the application of easements in VCAT and the Supreme Court of Victoria. 

Don’t miss this opportunity to enhance your legal knowledge on easements!