Australian Land Law; Enforceability Of An Easement Not Created By Deed
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...which allowed Daniel to use a track from his plot of land to the road, for payment of $100 for a period of 20 years is an easement. The agreement is attached to the plan of the property. Now Daniel is selling his land to Thomas, and Thomas wants to know if he will be able to benefit from the easement and still gain access to the road fro the track. It is worth noting that the easement is not needed, as there is access to the road by another route, but it is a longer route.
The key to considering this case is to determine if this is an easement that is attached to the land, or it is an equitable easement, one that is created by personal arrangement. If it is attached...
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