20 Sept 2021
Leave to appeal was granted because it was strongly arguable the Arbitrator erred in law by narrowing statutory and contractual easement rights to the formed driveway and by misapplying the substantial interference test; the questions could substantially affect parties' rights and met the statutory threshold for leave
7 Feb 2017
The sale agreement was not discoverable because it was not relevant under r 8.7: it could not affect Kiwi Trustee Ltd's enforceable rights under registered easements nor materially affect the pleaded causes of action or measure of damages, and it was unnecessary to determine occupation for nuisance liability.
17 May 2013
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.
19 Apr 2013
The parking easement, as expressed and having regard to the circumstances at grant, did not include a reasonably necessary ancillary right of vehicular access from the dominant tenement across the servient tenement; however pedestrian access is reasonably necessary and must be provided; the registered easement is valid and not void; a fence is permissible subject to conditions (pedestrian gateway and defendants to meet specified costs).
7 Mar 2012
Number 31 was held not to be landlocked under s 326/327 because it has reasonable access by pedestrian and vehicular means (recorded right-of-way and coastal walkway with proximate street parking) sufficient for the permitted use; the 1944 easement does not grant a right to park permanently on the right-of-way where parking would risk substantial obstruction; Schedule 5 cl 2(a) PLA 2007 permitted the Lyons to form the driveway and no actionable trespass was proved; accordingly s 327 relief and declaration for permanent parking were refused and trespass claim dismissed.
28 Feb 2012
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…