|Lambert Property Group Pty Ltd v Body Corporate for Castlebar Cove Community Title Scheme 37148 (QSC) - real property - easements - application for statutory right of user in terms of easement document refused
|Summaries With Link (Five Minute Read)
|Lambert Property Group Pty Ltd v Body Corporate for Castlebar Cove Community Title Scheme 37148  QSC 179
Supreme Court of Queensland
Real property - easements - applicant owned vacant lot - apartment development bordered lot - applicant sought statutory right of user under s180 Property Law Act 1974 over common property of development’s Community Title Scheme in terms of easement document granted for benefit of lot by body corporate in 2008 - respondent resisted application to grant easement on terms of 2008 easement document - held: applicant did not establish it was reasonably necessary in interests of effective use in reasonable manner of lot have access by development’s car park in manner proposed - not consistent with public interest that proprietary rights of owners of development’s common property should be interfered with in the circumstances - applicant did not satisfy Court that respondent’s refusal to agree to imposition of an easement in terms of 2008 document was unreasonable in the circumstances - application refused.