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A purchased land under the Real Property Act 1900 (NSW). The title search disclosed that a registered easement benefited the land, and burdened adjacent land
A purchased land under the Real Property Act 1900 (NSW). The title search disclosed that a registered easement benefited the land, and burdened adjacent land owned by B. The terms of the easement disclosed that A had the benefit of a 'Right of Carriageway 6.5 wide'. The easement site had not been developed because the land was presently unimproved farmland. A purchased the land with the intention of constructing an access way along the easement site to connect with the site of a proposed dwelling. A proposed to use the right of carriageway for both private, domestic use and occasionally for use by earth moving vehicles. A is the owner of a small earth-moving business. B was unaware of the existence of the easement. When A approached B with notice of its intention to construct an access way, B was shocked and indicated strong opposition to the plan to open up the easement. A commenced construction of the road-base and in the process removed several trees which impeded travelling along the easement site. Meanwhile B had applied to the relevant government agency to extinguish the easement based on reasons of non-use. B had also sought an injunction from the Supreme Court to stop the construction work, seeking an order that the easement had been extinguished through abandonment, or in the alternative that A is restricted to the use of private motor vehicles only on an easement site considerably narrower in width. With reference to legal authority, advise A.Have case law
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