Analysing the Prospects of a Successful Application Under s 180 of the Property Law Act 1974 (Qld)

Dixon, William M. (2014) Analysing the Prospects of a Successful Application Under s 180 of the Property Law Act 1974 (Qld). The Queensland lawyer, 34(1), pp. 27-38.

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Section 180 of the Property Law Act 1974 (Qld) makes provision for an applicant to seek a statutory right of user over a neighbour’s property where such right of use is reasonably necessary in the interests of effective use in any reasonable manner of the dominant land. In recent years, the Queensland courts have been confronted with a number of such applications. Litigation has also been common in New South Wales which has a statutory provision in largely similar terms. This article seeks to identify those factors that have underpinned successful applications, the obstacles that an applicant may encounter and the considerations that have guided the courts when considering the associated issues of compensation and costs.

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ID Code: 71473
Item Type: Journal Article
Refereed: Yes
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 Thomson Legal & Regulatory
Deposited On: 14 May 2014 02:47
Last Modified: 20 Jun 2014 06:44

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