Weber v Ankin [2008] NSWSC 106

New South Wales Supreme Court

CITATION : Weber v Ankin [2008] NSWSC 106

HEARING DATE(S) : 12-14/03/07, 24/05/07

JUDGMENT DATE : 22 February 2008

JURISDICTION : Equity

JUDGMENT OF : White J

DECISION : See para 127 of judgment.

CATCHWORDS : HIGHWAYS – creation and extinction of highways – whether road public or private – dedication – what constitutes dedication – implications arising from circumstances of subdivision – implications arising from council's subsequent treatment of road – dedication of road included lane leading onto road. - HIGHWAYS – creation and extinction of highways – whether road public or private – dedication – acceptance of dedication – formal acceptance of dedication – public expenditure – presumption from user – implications arising from council's subsequent treatment of road. - REAL PROPERTY – Torrens title – indefeasibility of title – exceptions to indefeasibility – adverse possession of others and possessory title – land in possession of another after issue of certificate of title – New South Wales – council land governed by Roads Act 1993 (NSW) and common law – land not governed by Torrens title – once a highway always a highway. - REAL PROPERTY – Torrens title – indefeasibility of title – exceptions to indefeasibility – adverse possession of others and possessory title – land in possession of another after issue of certificate of title – New South Wales – intention to possess land to the exclusion of all others – land necessary for use and enjoyment of property but no exclusive physical control. - REAL PROPERTY – Torrens title – easements by implication from conveyance of land in certificate of title in which land is described by reference to a plan which shows it abutting a lane owned by vendor which gives access to public road – subsequent transfers of lot with benefit of easement. - REAL PROPERTY – easements – easements generally – creation – by express agreement or under statute – statutory easements – power of Court to create easements – vehicular access and parking – availability and practicality of other parking – danger and inconvenience to neighbours.