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Problem solving
Reading
• Access to Neighbouring Land Act 2000 (NSW) ss 1-22
• Conveyancing Act 1919 (NSW) s 88k
• Hanny v Lewis [1998] NSWSC 385
Facts
Edith lives at 62 West Wallaby St Sydney which backs onto bushland. Edith’s house has suffered serious fire damage in a recent bushfire. She lives on a narrow block and cannot rebuild her house without encroaching on the property of her next door neighbour, Barry, who lives at number 60.
Edith needs scaffolding to be placed along her boundary in order to rebuild a wall. The scaffolding will encroach 15 cm into Barry’s property for a length of 40 metres. She’d also like to be able to use a crane to move building materials to the rear of her property. A hydraulic truck crane will be required. The crane will be parked in the street but the boom will at times intrude into the airspace above Barry’s house.
One reason that Edith’s house was damaged is NSW Fire and Rescue personnel couldn’t get easy access to the back of her house. She also needs 1cm on Barry’s land for piping to set up an external sprinkler system for the rear of the house to eliminate the risk of a fire happening again.
Barry is reluctant to allow Edith to make use of his property. He is willing to negotiate on the scaffolding but only on the basis that Edith pays for a surveyor to calculate exactly how much land she will need and then would like a valuation report to calculate the rental value of the land used for the time it is used, based on prevailing market rates. The consultation costs will be charged to Edith. Barry would also like the existing patch of lawn where the scaffolding will be placed, to be professionally landscaped after the scaffolding is removed, also at Edith’s expense. The price of these services could add up to $12,000 before any scaffolding is erected. Barry does not want the crane boom over his house in any circumstances. He does not want the sprinkler system pipe abutting his property at all.
Task
Advise Edith.
For this problem solving part of the assignment you must find the authorities listed yourself. Make sure you rely on the most reliable sources of the listed authorities to justify your response. In your answer you may only refer to ss 1-22 of the Access to Neighbouring Land Act 2000 (NSW) and Conveyancing Act 1919 s 88k. You can also rely on a definition of Easement in your legal dictionary. However remember that dictionary meanings are not authority in themselves.
You must also confine yourself to the use of Hanny v Lewis [1998] NSWSC 385.
 
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