Supreme Court - Trial Division

Lambert Property Group Pty Ltd v Body Corporate for Castlebar Cove [2015] QSC 179 (14/10881) Applegarth J 29 July 2015

Full-text: QSC15-179.pdf


REAL PROPERTY EASEMENTS EASEMENTS GENERALLY CREATION BY EXPRESS AGREEMENT OR UNDER STATUTE STATUTORY EASEMENTS where development approval was granted for the construction of residential units on a vacant lot where approval was granted on the condition that vehicle access to the lot would be via an easement through the basement of a neighbouring residential development where there is existing access to the vacant lot via a driveway over which there are reciprocal easements benefitting the vacant lot and three neighbouring properties whether access via the basement is reasonably necessary for the effective use of the vacant lot