(New South Wales) An easement does not confer exclusive possession to land. An easement may include a right to extract smells from cooking. As to easements of necessity; Powell J said: ‘it is open to the court to imply into a conveyance or demise the grant of such rights as are absolutely necessary to the enjoyment of the subject matter of the conveyance or demise, or of such rights as are reasonably necessary for the use and enjoyment, in the way contemplated by the parties in the conveyance or demise, of the subject matter of the conveyance or demise.’
Judges:
Powell J
Citations:
(1985) 6 NSWLR 424
Cited by:
Appeal from – Auerbach v Beck 1986
(New South Wales Court of Appeal) Affirmed . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Land
Updated: 30 April 2022; Ref: scu.223976