Twelve Walker Street Pty Ltd v Lee

In the case of Twelve Walker Street Pty Ltd v Lee, the plaintiffs sought the creation of an easement over the defendant's land to allow for the installation of rock anchors necessary for their proposed deep excavation. The matter was heard by the Supreme Court of New South Wales. The court was tasked with determining whether the proposed easement was reasonably necessary for the effective use or development of the plaintiffs' land and if it could be imposed under the relevant statutory provisions.

The primary legal issue before the court was whether the easement, which was sought for the temporary installation of underground rock anchors, could be deemed reasonably necessary for the effective use or development of the plaintiffs' land. The court also had to consider whether the proposed easement was capable of forming the subject matter of a grant and whether it would amount to a grant of exclusive possession or deprive the servient owners of proprietorship and possession.

In reaching its decision, the court found that the proposed easement was reasonably necessary for the effective use or development of the plaintiffs' land. It determined that the easement was not a grant of exclusive possession and did not deprive the servient owners of proprietorship and possession. Consequently, the easement could form the subject matter of a grant. The court imposed the easement over the defendant's land, allowing the plaintiffs to install the rock anchors as part of their proposed deep excavation. The court's decision was based on the need for the easement to ensure the safety and stability of the excavation and the limited duration and scope of the easement.