Former Tasmania senator Christine Milne in court over easement disagreement

A neighbourly disagreement has landed one former Tasmanian senator in the Supreme Court. What the court heard.

Christine Milne in court over easement dispute. Picture: MATT THOMPSON

Former Tasmanian senator Christine Anne Milne appeared in Hobart’s Supreme Court on Wednesday after a neighbourly disagreement over property easements resulted in a civil hearing against the state’s recorder of land titles.

Ms Milne, represented by barrister Andrew Walker, faced Justice Stephen Estcourt for the morning appeal of the decision by the state’s recorder of titles to deem that an easement was not obsolete and remained in place.

Supreme Court of Tasmania, Salamanca Place, Hobart, Tasmania. Picture: NCA NewsWire / Richard Jupe

The easement runs from Sandy Bay Road past Ms Milne’s property to neighbour Phillip Griggs’ property, which can only be accessed by a laneway.

Mr Griggs told the court on Wednesday that he had intended to begin renovations and a clean-up of his property and that losing the easement would be to his “financial detriment.”

“Those terms of the right of way were on the title of the property when Ms Milne purchased the property; if she didn’t agree with it, she shouldn’t have bought the property,” he said.

“It’s my property, but it’s not really the way I’d like to keep it or maintain it because of the loss of the easement.”

Mr Walker said the “limited access easement” only provided use for specific activities and that the “changing character of the property” impacted the use of the easement.

Former national Greens leader Christine Milne with Greens Senator Nick McKim. National day of action for free Julian Assange campaign in Hobart. Picture: Nikki Davis-Jones

“A stat dec [sic] from the property’s previous owner states the urban embankment and large retaining walls were all put in place by the property’s previous owner after the creation of the easement,” he said.

“The urban embankment is referred to as the fundamental change to the property that has made the easement obsolete.”

Counsel for the recorder of titles Luke Taylor SC said that while the easement had not been used for 23 years and a retaining wall had been built across a substantial part of the easement, it did not mean it had lost its intended use.

Justice Estcourt said he would hand down his decision on the appeal next week.

Originally published as Former Tasmania senator Christine Milne in court over easement disagreement