Lilie Jurleta v Zhong Xing Liu

Lilie Jurleta sued Zhong Xing Liu in the Supreme Court of New South Wales over an alleged easement over a shared driveway. The case concerned the rights and obligations of the parties concerning the maintenance and use of the driveway, which served both of their properties. The central legal issue was whether an easement existed that entitled Ms Jurleta to use the driveway and whether Mr Liu was obligated to maintain it.

The court considered whether an easement had been created either expressly or by implication, and whether it was appurtenant to Ms Jurleta's property. It examined the historical use of the driveway, the deeds of the properties, and any representations made by Mr Liu at the time of sale. The court also looked into whether the use of the driveway was necessary for the enjoyment of Ms Jurleta's property and whether it was continuous and apparent. Ultimately, the court found that there was no express or implied easement that benefitted Ms Jurleta's property. The judge held that while the driveway had been used by Ms Jurleta's predecessors in title, this use was permissive rather than as of right. There was also no evidence of a necessity for the easement or that it was continuous and apparent at the time of the relevant conveyance.

The court dismissed Ms Jurleta's claims, holding that no easement had been established that would allow her to use the driveway or require Mr Liu to maintain it. The judge made no orders regarding costs.