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The lawful ability to do things on others’ land (or receive something without obstruction) – it might take the form of a licence or a proprietary interest; it might arise by consent or necessity; its scope might be general and broad or narrow and constrained. When such a right takes the form of an easement, ie, a proprietary interest in land, various complex issues might arise which thrust parties into lengthy and costly litigation. Often, having an easement is a powerful tool, which, when leveraged, can be used to bind a servient landowner's hands. But to do that and confidently advise clients, litigators need to have a solid grasp of the basics: how are easements acquired, what rights are capable of forming the subject matter of a grant, what actions might be considered actionable interference, etc.
In this session, Kimberley Ziya, Claudia Hyde and Rossen Roussanov will take you on a whistle-stop tour of the essentials for any litigator faced with a thorny issue concerning easements.
These webinars are designed to introduce key topics that are likely to crop up in a property litigator’s everyday practice. The talks will provide an overview of the legal and procedural landscape, with time for questions at the end.
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