To the Honourable John P Hannaford, MLC

Attorney General for New South Wales

Right of Access to Neighbouring Land

Dear Attorney General

We make this Final Report pursuant to the reference to this Commission dated 23 December 1987.

Hon Gordon J Samuels AC QC

(Chairman)

Professor David Weisbrot

(Commissioner)

Hon Jerrold S Cripps

(Commissioner)

Terms of Reference

On 23 December 1987, the Attorney General, the Hon Ron Mulock, required the Commission to inquire into and report on the following matters:

1. The laws which define and regulate relationships between people who live on neighbouring land, with particular reference to:

(i) The laws which define and regulate relationships between people who live on neighbouring land with particular reference to:

(a) access to neighbouring land for the purposes of maintaining fixtures and services required by an adjoining property;

(b) easements for joint services, including joint connections for sewerage and drainage;

(c) problems caused by trees;

(d) noise control as it affects neighbours.

2. Any related matters.

Participants

The Law Reform Commission is constituted by the Law Reform Commission Act 1967. For the purpose of this reference, the Chairman, in accordance with the Act, created a Division comprising the following members of the Commission:

The Hon R M Hope AC CMG QC (until 2 April 1993)

The Hon G J Samuels AC QC (from 3 April 1993)

Professor David Weisbrot

The Hon J Cripps

Ms Jane Stackpool (until 31 December 1993)

Officers of the Commission

Executive Director

Mr Peter Hennessy

Research and Writing

Mrs Sally Riordan

Research Assistance

Mr Jarrod White

Ms Aruni Wijetunga

Librarian

Ms Beverley Caska

Desktop Publishing

Ms Julie Freeman

Administrative Assistance

Ms Zoya Howes

Ms Suzanna Mishhawi