A recent decision in the Land and Environment Court has provided an important reminder to developers that an order for an easement of necessity, such as the right of carriageway when a lot is potentially landlocked, will not always be granted. In Acorp Developments Pty Ltd v HWR Pty Limited [2018] NSWLEC 68 the court refused to grant an easement of necessity for a 6m wide right of carriageway, and instead held it was not reasonably necessary for the effective use or development of the site.

In coming to this decision the court held that access was directly available from the site’s street front, and also considered the fact that the owner of the lot in question had plans for his own development of the land. The court came to this decision despite the fact that a Commissioner of the Court granted consent to development based on the right of carriageway being available.

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