28 Feb 2012
ANTHONY PATRICK WALSHE V ROSS DONALD MACRAE AND LYNETTE GWYNETH JOY COLLINS HC AK CIV 2009-404-8259
- Citation
- openlaw-9934a098_726c_49a7_9817_63ff2ca0acbd.pdf
- Court
- High Court
The registered easement grants access to every part of the dominant land for legitimate ancillary purposes but is expressly qualified by the restrictive covenant limiting the easement to 'service one dwelling' only; a 'visitors' facility does not qualify as that dwelling while the original dwelling remains in use; the dominant owners have standing to apply under s316/317 to modify the covenant; the Court may grant modification under s317, but only where the servient owner will not suffer substantial injury or where adequate compensation is payable; the Court granted modification in principle…