In Litfin v Wenck [2024] QSC 170, the Supreme Court of Queensland considered an application by Carolyn Jane Litfin to extinguish or modify an easement encumbering her property in favour of Cameron David Wenck. The applicant contended that the easement, which provided for unimpeded access to light and air for the Wenck Land, significantly impeded her reasonable use of the Litfin Land, particularly in relation to proposed extensions to her home. However, the court found that the easement secured practical benefits for the respondent that were substantial in value and could not be adequately compensated monetarily if lost. The judge ruled that the easement was not an impediment to the reasonable use of the Litfin Land and that its continued existence was crucial for maintaining the amenity associated with the Wenck Land. Ultimately, the application was dismissed, and further submissions were invited regarding costs.
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