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A number of recent decisions have highlighted the question of whether a common law abandonment of easements can occur in respect of Torrens title land in circumstances where the title to the dominant tenement makes express reference to the easement. Though not having to resolve this question, as abandonment was in fact found not to occur, the courts pondered the difficult question of whether abandonment can be permitted, and perhaps more critically, whether it was only the acts of the current registered proprietor that could be taken into account, or whether the conduct and intent of previous owners should also be considered. The argument that will be made that common law abandonment should not be permitted, and if it is (by legislative direction), then only the conduct and intent of the current registered proprietor [*2] should be considered. Support for this reasoning will be found in an examination of what the goals of Torrens are, as well as consideration of economics, both neoclassical and behavioural.

Item Type:	Refereed Article
Research Division:	Law and Legal Studies
Research Group:	Law
Research Field:	Law not elsewhere classified
Objective Division:	Law, Politics and Community Services
Objective Group:	Justice and the Law
Objective Field:	Justice and the Law not elsewhere classified
UTAS Author:	Griggs, LD (Mr Lynden Griggs)
ID Code:	46424
Year Published:	2007
Deposited By:	Law
Deposited On:	2007-08-01
Last Modified:	2009-07-13
Downloads:	4 View Download Statistics