How to defend
a section 88K easement application

8 Years Expertise | Sydney

It's Your Land
Don't be bullied

Knowing your rights when it comes to section 88K is crucial. This is your valuable property, your home, your castle, and an easement affects your use of your own land. We will help you make sure you are not giving it away if you don’t have to. We can also make sure you are adequately compensated and your rights and concerns are safeguarded if you do.

88K Application

An 88K Application, under Section 88K of the Conveyancing Act 1919 (NSW), is a formal legal request to the court allowing third parties to access a section of your property for specific purposes, such as stormwater, access routes or utility installations. Understanding and defending against an 88K application is essential for property owners who wish to protect their land rights.

Protecting What’s Yours

Your property is more than land - It's your home

Once granted, an easement may reduce your control over your own land and potentially decrease its market value. For example, a neighbour may request access through your property to reach theirs, which can lead to disruptions and limit your ability to use your land.
With over 8 years of dedicated experience, Specialist Law has guided numerous NSW property owners in navigating and successfully defending against 88K applications, seeking appropriate compensation and safe guarding their rights. Our expertise and experience are at your disposal.

Real Case - Real Results

Nahata v Robertson [2023] NSWSC 642

In a recent 88K Application case, we successfully defended our client against an easement application in the Supreme Court. The applicant was demanding an easement over our client’s property. The Court ruled in favour of our client and refused the easement. A copy of the decision is here.

Our Expertise

Your Trusted Partner for Property Protection

Experience and Expertise

8 Years of specialised experience in representing property owners in 88K applications in Sydney.

Proven Track Record

Successfully represented numerous clients in defending applications, obtaining compensation and/or favourable terms.

Personalized Strategy

Customised legal strategies designed around each property owner's unique situation.

Dedicated Client Support

Consistent support and clear communication at every stage, ensuring you feel informed and empowered.

Results-Driven Approach

Focused on achieving your goals.

Cost-Effective Solutions

Ask the developer to pay some or all of the legal costs and out of pocket expenses.

Our Expertise

Your Trusted Partner for Property Protection

Our Process

From Consultation to Resolution
We're With You at Every Step

Step 1: Initial Consultation

Start with an initial consultation to understand your needs and concerns. Every property owner’s case is unique, we take the time to listen.

Step 2: In-Depth Case Assessment

We review the facts, let you know where you stand and help formulate a strategy tailored to your desired outcome.

Step 3: Strategic Defense Plan

We craft a personalised strategy, whether it is to oppose the easement outright, negotiate compensation or negotiate terms that benefit you.

Step 4: Comprehensive Legal Advocacy

From paperwork to courtroom representation, we stand by you at every stage, vigorously defending your rights and providing consistent support throughout the process.

Our Specialists

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