Ex-senator Christine Milne loses Supreme Court bid to block Hobart neighbour’s right of way

Former Tasmanian senator Christine Milne’s legal bid to have a neighbour’s right of access past her Sandy Bay Rd property declared obsolete has been knocked back in the Supreme Court.

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

Former Tasmanian Greens senator Christine Milne’s legal bid to have a neighbour’s right of access past her Sandy Bay Rd property declared obsolete has been knocked back by a Supreme Court judge.

Ms Milne launched civil action to appeal a decision by the state’s Recorder of Land Titles that the neighbouring property’s historic easement — which runs along a laneway from Sandy Bay Rd and past Ms Milne’s residence — remained in place.

At a hearing held earlier this month before Justice Stephen Estcourt, Ms Milne’s barrister, Andrew Walker, argued that the “changing character” of the property – including the installation of large retaining walls by a previous owner — meant the right of access was now limited to specific activities only.

But counsel for the Recorder of Land Titles, Luke Taylor SC, told the court that although the easement had not been used for 23 years, it did not mean it had lost its intended use.

Ms Milne’ neighbour, Phillip Griggs, testified that losing the easement would be to his financial detriment, and that he was unable to adequately maintain his property due to the access issues.

“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,” Mr Griggs had told the court.

On Thursday morning, Justice Estcourt dismissed Ms Milne’s application, with his reasons to be published.

Originally published as Ex-senator Christine Milne loses Supreme Court bid to block Hobart neighbour’s right of way