Mantec Thoroughbreds Pty Ltd v Batur

Mantec Thoroughbreds Pty Ltd (Mantec) sought a declaration that the respondents, Batur, substantially obstructed the easement of way over Mantec's property. The respondents raised a counterclaim for a declaration that Mantec was not entitled to deviate from the easement or to widen it. The dispute was heard in the Supreme Court of Queensland.

The court was required to determine whether the respondents substantially obstructed the easement of way by constructing a dam, erecting fences four metres inside the easement, and installing a locked gate at the roadway. The court was also required to decide whether Mantec was entitled to improve access, and whether the respondents were correct in asserting that Mantec was not entitled to deviate from or widen the easement.

The court held that the respondents did not substantially obstruct the easement of way, as there was sufficient access for vehicles and horses to pass. The court noted that the dominant tenement owner has the right to improve access, so long as the works do not interfere with the servient tenement owner’s right of enjoyment. The court also held that the easement was not one of necessity, and therefore Mantec was not entitled to deviate from or widen the easement. The court dismissed Mantec's claim and the counterclaim.

The court made a declaration that the respondents did not substantially obstruct the easement of way, and that Mantec was not entitled to deviate from or widen the easement.