17 May 2013
BRESLIN v LYONS COA CA189/2012
- Citation
- COA CA189/2012
- Court
- Court of Appeal
Permanent parking on the servient strip was contrary to the grant of a right to go, pass and repass and would derogate from the dominant tenement's rights where, as a matter of fact, it would obstruct passage; the easement wording is appurtenant and binds title so the appellants cannot assert a contrary parking right; the appellants' land is not landlocked under the PLA because it enjoys reasonable vehicular access to the boundary and statutory and discretionary factors (including purchaser's knowledge) do not justify an order for reasonable access.