This authoritative work examines the rules that govern the creation, enforceability and extinguishment of easements and restrictive covenants from an Australian perspective.
This authoritative work examines the rules that govern the creation, enforceability and extinguishment of easements and restrictive covenants from an Australian perspective. It provides an in-depth analysis of the large body of Australian case law and statute law explaining the differences between States and Territories, and seeks to solve the various problems that these differences cause.
The text also includes a discussion of the interaction between the operation of the Torrens system and the common law and equitable rules governing easements and restrictive covenants.
There have been a number of significant decisions emanating from the High Court of Australia and the appellate courts of all the states and territories since the publication of the second edition. The third edition analyses these new developments in the context of the overall development of the law of easements and restrictive covenants.