Stolyar v Towers

The appeal in *Stolyar v Towers* concerned the validity of a right of vehicle parking and garaging granted as an easement over land. The dispute arose between the registered proprietors of the dominant tenement, who held the benefit of the easement, and the registered proprietors of the servient tenement, who were subject to it. The appeal was heard by Gleeson, Simpson and White JJA in the Court of Appeal of New South Wales.

The central legal issues before the court were whether the use of the easement area for parking and garaging amounted to a joint occupation of that area, and whether this use substantially deprived the servient owner of their rights of proprietorship or possession of the servient land. The court was also required to consider the degree of interference with the area actually affected by the easement, as opposed to the whole of the servient land, and whether the servient owner had demonstrated that motor vehicles could not be turned around in the driveway without encroaching upon the easement area.

The Court of Appeal upheld the primary judge's decision, finding that the right of parking and garaging did not amount to joint occupation. The court reasoned that the easement granted a right to park and garage vehicles, not a right to exclusive possession of the land. The degree of interference with the servient land was assessed in relation to the specific area affected by the easement, and it was determined that the servient owner was not substantially deprived of their proprietary rights. The court also found that the servient owner had not demonstrated that vehicles could not be turned around without encroaching on the easement area.

Leave to appeal was granted to the extent necessary, but the appeal was ultimately dismissed. The appellants were ordered to pay the respondents’ costs.