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ARTICLE · 11 OCTOBER 2023

Commercial property owner successfully defends obsolete easement case

Cooper Grace Ward
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Obtaining a new or modified easement, even where land is land-locked & an easement is obsolete, is not necessarily a simple matter.

AustraliaReal Estate and Construction
Rocco Russo
Rocco Russo
Brittany Sandeman
Brittany Sandeman
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Cooper Grace Ward's dispute resolution group recently assisted a commercial property owner in the successful defence of Supreme Court proceedings about an obsolete easement.

The Supreme Court of Queensland decision of Odlin v River Rd Investments Pty Ltd [2023] QSC 182, handed down in August 2023, involved proceedings by a land-locked property owner seeking permission to proceed with a case that sought to replace an obsolete easement with a new easement granting general access rights.

Relevant facts

The case concerned adjoining riverfront commercial properties located in Ipswich owned by the applicant (Mr Odlin) and the respondent (River Rd). Mr Odlin's land comprised a large undeveloped parcel of land. River Rd's property was used as an industrial site with a number of tenancies.

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Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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