Bryant v Crompton

The case of Bryant v Crompton involved the plaintiff, Bryant, who sought to establish a right of way over the defendant's land. Bryant owned a parcel of landlocked rural property and sought to create an easement over the neighbouring property owned by Crompton to gain access to the public road. Bryant's property was accessible only via a paper road and a traverse across another piece of land owned by Bryant. Bryant applied under section 88K of the Conveyancing Act 1919 (NSW) to establish a right of carriageway over Crompton's land. Crompton opposed the application, arguing that the easement was not reasonably necessary.

The court was required to determine whether the proposed easement was reasonably necessary for the reasonable enjoyment of Bryant's property. The primary consideration was whether the access Bryant sought was indispensable for the use and enjoyment of the landlocked property, given the alternative access options. The court considered the inconvenience and expense of the alternative access, the nature and extent of the proposed easement, and the benefit it would provide to Bryant.

The court concluded that the easement was reasonably necessary. The alternative access via the paper road and Bryant's other land was deemed inadequate, given the difficulty and impracticality of using this route. The court found that the proposed easement would significantly improve access to the property, making it more usable and enjoyable. The court also considered the minimal impact the easement would have on Crompton's property. The application was therefore granted, and Bryant was entitled to establish the easement over Crompton's land.