Les Denny Pty Ltd (ACN 652 661 955) & Ors v. Valmorbida

Lower Court Judgment

11/12/2025 Supreme Court of Victoria (Court of Appeal) (Emerton P; Richards and Kenny JJA) 

[2025] VSCA 319 

Catchwords

Real Property – easements – prescriptive easements arising from long use – continuity of use and ‘tacking’ periods of use where changes in ownership of servient tenement – whether a prescriptive easement at general law can arise based on 20 years of use, despite changes in ownership of the servient tenement during the 20 year period – whether owner of servient tenement is bound by the acquiescence of their predecessors in title – interaction between easement recognised at general law and indefeasibility of title under Torrens system – whether s 42 of the Transfer of Land Act 1958 (Vic) has the effect that a registered proprietor of land holds the land subject to any inchoate prescriptive easement based on less than 20 years of use prior to registration of the registered proprietor’s interest