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McAdams Homes Ltd v Robinson and another

Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 214, 27 February 2004. Considered the relevant principles governing the extent to which an easement, granted by implication of a conveyance, could still be enjoyed by the owner of the dominant land, who had redeveloped the land and thereby changed its use. The claimant (M) had appealed against a County Court decision that the defendants (R) had not unlawfully interfered with an easement of drainage enjoyed by M. M had redeveloped a site originally containing a derelict bakery into two houses and intended to use the same drainage as the bakery had. However R had blocked the drain pipe following concerns of sewage backing up and overflowing into his garden after high rainfall. "Held": there had been a radical change in the character of the site with a substantial increase in the burden on the servient land. Appeal dismissed. View at www.courtservice.gov.uk.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67572 (Browse shelf(Opens below)) 1 Available 125548-1001
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 125548-2001

[2004] EWCA Civ 214, 27 February 2004. Considered the relevant principles governing the extent to which an easement, granted by implication of a conveyance, could still be enjoyed by the owner of the dominant land, who had redeveloped the land and thereby changed its use. The claimant (M) had appealed against a County Court decision that the defendants (R) had not unlawfully interfered with an easement of drainage enjoyed by M. M had redeveloped a site originally containing a derelict bakery into two houses and intended to use the same drainage as the bakery had. However R had blocked the drain pipe following concerns of sewage backing up and overflowing into his garden after high rainfall. "Held": there had been a radical change in the character of the site with a substantial increase in the burden on the servient land. Appeal dismissed. View at www.courtservice.gov.uk.