25 Sept 2008
MIKITASOV V COLLINS CA CA211/2008
- Citation
- openlaw-00247b38_1902_4a63_b7bf_dc46946d172b.pdf
- Court
- Court of Appeal
No equitable, implied or quasi-easement was established to extend the registered vehicular right of way (easement 6088561.14) to benefit 28 Binnie Street; the evidence of representations was not sufficiently specific or compelling to require equitable relief or registration of a legal easement, the registered footpath easement was irrelevant to the claim, the caveat was correctly allowed to lapse and the declarations and injunction prohibiting use of the right of way for the principal purpose of accessing 28 and/or 30 Binnie Street were appropriate (declaration 1(b) to be read as referring to…