8 Jun 2012
ASMUSSEN v HAJNAL AND RELICH HC NEL CIV-2004-442-148
- Citation
- openlaw-e849f7da_3dc9_4948_a4f6_f44cc3670826.pdf
- Court
- High Court
The court defined the easement by reference to the historical Cotton & Light survey plan as at 6 August 2009 and ordered registration of a vehicular and foot right of way along the Cotton & Light centre line with a width of 2.55 metres (1.95 m vehicle width plus 0.30 m clearance each side); the Planscapes plan was rejected as exceeding the relief ordered; affidavits from solicitors' staff were admissible as proportionate; the plaintiff must instruct a surveyor who complies with the High Court Rules to prepare the precise registration plan at plaintiff's cost and obtain local authority consent…