Easement dispute preparation checklist
Easement disputes turn on the interpretation of the grant, scope of use, and whether the easement has been abandoned or extinguished. This checklist is for lawyers preparing easement claims.
This is a 12-step checklist for preparing an easement dispute. It covers identification, interpretation, scope, and remedies in Australian courts.
The checklist
Obtain the dealing
Obtain a copy of the registered dealing creating the easement.
Obtain title searches
Obtain title searches for dominant and servient tenements.
Review terms of the grant
Review the terms of the grant including scope, purpose, and any conditions.
Obtain survey plan
Obtain a current survey plan showing the easement location and use.
Identify the dispute
Identify whether the dispute is about scope, obstruction, maintenance, or extinguishment.
Gather photographic evidence
Photograph the easement in its current state showing use or obstruction.
Obtain witness statements
Obtain witness statements about historical use and any interference.
Check abandonment arguments
Consider whether non-use or servient tenement acts amount to abandonment.
Check extinguishment grounds
Consider whether statutory extinguishment under section 89 or equivalent applies.
Serve letter of demand
Serve a letter of demand requiring compliance or access.
Prepare pleadings
Prepare a statement of claim in the Supreme Court for declarations and injunctions.
Identify interim relief
Consider whether an interim injunction is needed to preserve access.
When this checklist applies
Use when preparing an easement dispute between dominant and servient tenement owners.
Common pitfalls
- Not obtaining the original dealing
- Overlooking later variation dealings
- Scope argued beyond the terms of grant
- Missing abandonment evidence
- Court jurisdiction incorrectly selected
Run this checklist on a real matter
Quillio can review an easement dealing, extract terms, and prepare dispute pleadings. See /practice-areas/property-lawyers or start a free trial.
General guidance for easement disputes. Apply the relevant state Torrens system and case law.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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