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Hare V Van Brugge Case Summary

Decent Essays

Do the terms of the easement require Mr Hogg to allow you to continue to be able to use the inclinator?
To begin contextualisation of the situation in terms of the ownership of the inclinator it vital. Firstly, the inclinator itself is a fixture located within the boundaries of Mr Hogg’s property, and thus the nature of the item is fully owned by Mr Hogg for the remainder of his ownership of the estate. Given this, as the inclinator is a fixture of the land it should be passed on for use by the next person the estate falls under, according to the privacy of estate. Secondly, the inclinator was installed in 1979 and at the time, was used by the owners of both lots, without any easement being constructed. However, as it is an existed when the …show more content…

Under the case of Hare v van Brugge [2013] NSWCA 74, the court had ruled that the dominant party (Van Brugge ) had the right under the clause “to go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement or any such part thereof” without the rights being dictated by the servant party. Under this context it can be said that you have the right according to your easement too allow any person that is allowed to enter your property too “go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement”. This means the use the inclinator is for the use of the dominant party until a breach of this easement …show more content…

However, the cost of repairing under “sharing the cost of maintenance and repair” is obligated in this particular situation to be equally split between both yourself and Mr Hogg. This is further established in the case of Hare v van Brugge [2013] NSWCA 74 where the judge had found the same result and that it is the shared duty of both the parties servant and dominant to preserve and maintain the inclinator in this scenario as the dominant (you) have the obligation to maintain your access way, but in this situation as the registered proprietor of the inclinator and owner of the land Mr Hogg also a part time user of the inclinator as well. In terms of who has the obligation to pay for the electricity in Hare v van Brugge [2013] NSWCA 74 the judge found that this expense although initially outlaid by the servient as it in on their property and is in their propriety possession. It is metered through an alternative section of the domestic electricity bill and then the cost metered is spilt between the two

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