Termination of Easement Easements | Study

Added on - 15 Apr 2020

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Question 3. Termination of easementEasements are usually provided through legal means and they allow some people to use othersproperty with the owners denying them. The Australian laws are having different section on thecreation of easements and also the withdrawal of easements. Moreover, the courts in Australiahave been used to resolve any disputes arising from the easements1. The issue under this casestudy 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 sothat 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 hisLot. First, Wayne has to analyse the current easement offered in the contract. This is becausesome of easement are temporal and may due to expiry2. Some easements are able to offer optionon the condition and events under which they can be terminated. For instance, the easement maystate that “This easement will terminate when Party Y no longer needs to use the access road tohaul lumber from their property.” Under this situation, Wayne may be obligated to talk to Ralphand 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 thatsituation, 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 propertyof 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 2010-2011.3New Zealand. 2008.Review of the Land Transfer Act 1952. Wellington: Law Commission.
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