WaterNSW v Harris (No 3)

WaterNSW sought to determine the legal issues surrounding the ownership and use of a strip of land situated between the respondent's property and a lake, with the outcome impacting the respondent's access to the lake. The matter was heard in the Supreme Court of New South Wales. The central question before the court was whether the respondent held title to the disputed land, and if not, whether the respondent had an easement of way over the land in question. Additionally, the court had to determine whether there were any other rights or interests held by the respondent over the land in dispute.

The court examined historical documents and title deeds to ascertain the ownership of the land in question. It was established that the respondent did not hold title to the land, but the court found that there was a prescriptive easement of way over the land in question, allowing the respondent to cross the land for access to the lake. The court considered the nature and extent of the respondent's use of the land, finding that it had been continuous, open, and notorious for a sufficient period. The court also dismissed the respondent's claim for any other rights or interests over the land in dispute.

Based on the findings, the court ruled in favour of the respondent, granting them a prescriptive easement of way over the disputed land. The court did not find any other rights or interests held by the respondent over the land in question. The decision was significant as it clarified the respondent's rights to access the lake, while also affirming the appellant's ownership of the disputed land. The orders of the court were detailed at [417].