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An easement, registered under the Real Property Act 1900 (NSW), confers a right of carriageway over Lot X (cattle grazing land) to Lot Y (cattle
An easement, registered under the Real Property Act 1900 (NSW), confers a right of carriageway over Lot X (cattle grazing land) to Lot Y (cattle grazing land). The fee simple estate in Lot X is held by Wind. The fee simple estate in Lot Y is held by Sand. The effect of the easement is to permit access from the Mehi Highway across Lot X to Lot Y. Sand, and her servants, agents, workmen and visitors use the easement to access Lot Y. There is a cattle grid at each end of the easement with double gates situated directly over each cattle grid. There is a double gate midway along the easement. Wind argues that Sand has failed to maintain the easement by leaving the gates open. After repeated requests from Wind to Sand that the gates should be closed at all times, Wind locks the gates preventing Sand from using the easement. Sand argues there has been substantial interference with the easement by way of installation of gates, cattle grids and locks by Wind. A friend advises you that is the practice of primary producers to leave gates as they are found on a property. That is, if they are open they should be left open and if they are closed they should be re-closed. With reference to legal authority, advise Wind and Sand on the property law issues
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