On 12 August 2020, the Supreme Court of New South Wales
considered property rights in the decision of Hardy v Sidoti [2020]
('Hardy'). The case concerned an easement created in the
19th century for the purpose of waste collection. This is how the
term "dunny lane" was cultivated. In 1998 when the
easement was no longer used for waste collection purposes, it was
blocked off and enclosed with a paling fence. This meant it was no
longer considered an accessible 'right of way' and the land
rights were contested.
PROPERTY RIGHTS AND THE EASEMENT IN DISPUTE
The issue in dispute was ownership of the easement, referred to
as "dunny lane". Notwithstanding multiple changes in
ownership, since being rendered futile in 1998, the easement was
used by the plaintiff for garden tool storage. Further, in 2002 the
plaintiff extended their property rights and took down the fence
which separated the right of way from their property. The plaintiff
then made improvements to the land,
