Event and Time
Event Description
- Case regarding an easement of way and right to park over Stevens Court, connecting two properties: lot 4 (33 Ivanhoe Street) and lot 7 (31 Ivanhoe Street).
- Judicial decisions rendered on 23 November 2023.
Application and Claims
- The plaintiff claimed an easement of way and a right to park vehicles in Stevens Court, asserting long use under the doctrine of lost modern grant.
- The defendants contended only an easement of way existed, not a right to park.
Judicial Decisions
- The court found that an easement of way exists, allowing access and parking based on long-standing use, rejecting the claim of public highway status for Stevens Court.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Position:
- Claims an easement of way and to park based on long usage since 1996. - Asserts that past use was "as of right" rather than with permission and provides evidence of consistent use for parking.
- Defendants' Position:
- Argue that only a right of way exists based on their understanding of the court's initial findings. - Point out that the easement request is too broad as it suggests unrestricted access over entire Stevens Court. - Present a witness’s testimony alleging previous permission given to the plaintiff for parking.
- Evidence and Reasoning:
- Evidence includes plans and photographs of past use showing parking and access. - The defendants’ evidence did not convincingly counter the plaintiff's use claim.