19 Dec 2013
MACRAE AND ANOR V WALSHE AND ORS CA814/2012 [2013] NZCA 664
- Citation
- (2013) 15 NZCPR 254
- Court
- Court of Appeal
Windmill House is a dwelling in ordinary meaning and the easement as written limits use to servicing only one dwelling on the dominant land and naturally related ancillary purposes; the easement should be modified under s317(1) to operate in favour of both Lot 1 DP 387905 and Lot 2 DP 387905 with terms reflecting that limitation; compensation under s317(2) is to be assessed on a willing buyer/willing seller basis and, applying that test and the facts, reasonable compensation is $100,000 plus sealing and reasonable registration/legal costs; High Court compensation and 50% costs uplift were qua…