This authoritative work examines the rules that govern the creation, enforceability and extinguishment of easements and restrictive covenants from an Australian perspective. It provides an in-depth analysis of the large body of Australian case law and statute law explaining the differences between States and Territories, and seeks to solve the various problems that these differences cause.
The text also includes a discussion of the interaction between the operation of the Torrens system and the common law and equitable rules governing easements and restrictive covenants.
There have been a number of significant decisions emanating from the High Court of Australia and the appellate courts of all the states and territories since the publication of the second edition. The third edition analyses these new developments in the context of the overall development of the law of easements and restrictive covenants.
Table of contents
- The Nature of an Easement
- Equitable Easements
- Compulsory Acquisition of Easements
- The Creation of Easements by Grant or Reservation
- Prescriptive Easements
- Rights of Way
- Rights to Support
- Easement of Light
- Easement of Air
- Fencing Easements
- Easements and the Torrens System
- Restrictive Covenants - Some Preliminary Issues
- Passing the Benefit
- Passing the Burden at Law
- Construction of Covenants
- Covenants in Restraint of Trade
- Restrictive Covenants and the Torrens System
- Remedies for Breach of Covenant and Disturbance of an Easement
- Modification and Extinguishment of Covenants