19 Apr 2013
WINTER V SHORT HC DUN CIV 2012-412-000549
- Citation
- openlaw-1db96fc9_deb1_41c2_a24f_be97e0384f4c.pdf
- Court
- High Court
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).