Jenny and Debbie are neighbours. However, Debbie lives on the third floor of an apartment building (strata title) and Jenny lives in a house on a large block of land (Torrens title). They visit each other often and Debbie, a keen gardener, has started a small vegetable patch in her Jenny's garden. She looks after it on her visits twice a week.

Jenny decides to sell the house and move away. When Debbie expresses her disappointment that she will not be able to continue to use the garden to grow vegetables, Jenny comes up with the idea of granting her friend some more permanent rights to use it. Her solicitor draws up a grant of easement which permits Debbie to continue to come onto the property, twice a week for 2 hours, and to grow and remove the vegetables. Before Jenny sells her house, the easement is registered on the folios of both Jenny and Debbie's properties as an "Easement for Gardening".

The new purchaser of Jenny's property allowed Debbie to continue to access the garden for a couple of months after the sale but they have now said that they no longer intend to allow her to do so as they want privacy.

Advise Debbie by using relevant legislation from Real Property Act 1900