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Termination of Easement Easements | Study

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Added on  2020-04-15

Termination of Easement Easements | Study

   Added on 2020-04-15

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Termination of Easement Easements | Study_1
Question 3. Termination of easement Easements are usually provided through legal means and they allow some people to use others property with the owners denying them. The Australian laws are having different section on the creation of easements and also the withdrawal of easements. Moreover, the courts in Australia have been used to resolve any disputes arising from the easements1. The issue under this case study is a situation where an easement is provided on Wayne’s Lot, which is enjoyed by Ralph. Under the case study, Wayne is looking for options to withdraw the easement from his title so that he can be free to use the land as he wishes. Moreover, Wayne can use the legal mechanism, to ensure that the easement is removed from his Lot. First, Wayne has to analyse the current easement offered in the contract. This is because some of easement are temporal and may due to expiry2. Some easements are able to offer option on the condition and events under which they can be terminated. For instance, the easement may state that “This easement will terminate when Party Y no longer needs to use the access road to haul lumber from their property.” Under this situation, Wayne may be obligated to talk to Ralph and identify how much he is in need to use the easement provided on the land. Additionally, under the analysis, Wayne may find that the easement provided has expiry duration. Under that situation, if the expiry is near, it would good for Wayne to wait for the expiry of the easement3. This will help to resolve any case which may arise due to the denial of rights to use the property of blocking the existence of the easement. 1Conveyancing and Law of Property Act 1884 Schedule 82Devenney, James, and Howard Johnson. 2011. Contract, tort, and restitution statutes 2010-2011.3 New Zealand. 2008. Review of the Land Transfer Act 1952. Wellington: Law Commission.
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