logo

Study on the Deliberate Withdrawal

   

Added on  2020-04-15

4 Pages923 Words48 Views
1Name:Course:Professor:Date:
Study on the Deliberate Withdrawal_1
2Right of way abandonment The right of way is simply a legal enjoyment which gives a person the right to use another personproperty under certain circumstances. The key issue in this case is that Susan’s neighbour has notbeen able to use her right of way which is over Susan’s property for a long time1. In the case, Susan is seeking advice on the withdrawal of the right of way from her title. The regulations in Australia are able to provide different circumstances under which the right of way can be withdrawn. The deliberate withdrawal of the right of way is one way which can be used. In this case, Susan will have to talk to the neighbour and agree to go to the court to revoke the available right of way. In this way, the right of way since it is not being used can be abandoned under the court orders2. The only restriction on this channel is that the neighbour must be informed and able to agree to the changes. Since the easement are usually documented and under contract, it will take the same way to abandon the right of way if the owners are no longer using them. And this case, Susan’s neighbour has not been able to use the right of way for a long time and therefore he or she is likely to agree to abandon it. The key part is that Susan will have to convince the neighbour to forego the rights to use the easement. In addition, Susan must be able to ask her conveyance the conditions which are stated on the right of way. This is because the courts assume that the assessments are created to last forever unless they are otherwise stated3. The considerations must be clearly be made whether on the contract there is any way the assessment was meant to expire and if so, has the time elapsed. Under this situation, if the right of way was temporal, Susan can make the decisions if the time has elapsed and therefore be able to own the piece of land and use it as she wishes. If not stated, Susan will be then forced to look for the other alternatives available to withdraw the right of way. In addition, under regulations, abandonment of an easement is also a reason under which the rights of right of way can be extinguished. Nevertheless, a mere rule of non-use of the easement 1Fallowfield v Bourgault[2003] O.J. No. 5206, 68 O.R. (3d) 417 cited in Donahue,supranote 12Bradbrook, MacCallum and Moore, above n 25, 772 referring to Land Titles Act 1980 s 109.3Brien v Dwyer (1978) 141 CLR 378; Carpenter v McGrath (1996) 40 NSWLR 39.
Study on the Deliberate Withdrawal_2

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Principles of Business Governance Case Study 2022
|7
|1761
|17

Termination of Easement Easements | Study
|5
|956
|244

Corporate Governance and Ethics Case Study 2022
|8
|1852
|19

Proper Communication is Crucial in any Contract
|5
|997
|43

Civil Law Assignment 2022
|10
|1562
|25

LAWS20061 Management Law | Case Study
|7
|1406
|52