A successful objection requires radical change
Williamson, H.
A successful objection requires radical change - 2004 - Estates Gazette (0418) 1 May 2004, 95(1) .
Discusses the effect of existing easements on new developments and considers that case law is confusing due to the lack of clarity in the guidance. For an objection to a new development to be successful, it needs to fulfil stringent requirements. Either the new use amounts to a nuisance to the neighbour's land or there must be a combination of a radical change in the character of the dominant land and a substantial increase in the burden on the subservient land.
DEVELOPMENTS
OBJECTIONS
MCADAMS HOMES LTD V ROBINSON AND ANOTHER
NUISANCE
A successful objection requires radical change - 2004 - Estates Gazette (0418) 1 May 2004, 95(1) .
Discusses the effect of existing easements on new developments and considers that case law is confusing due to the lack of clarity in the guidance. For an objection to a new development to be successful, it needs to fulfil stringent requirements. Either the new use amounts to a nuisance to the neighbour's land or there must be a combination of a radical change in the character of the dominant land and a substantial increase in the burden on the subservient land.
DEVELOPMENTS
OBJECTIONS
MCADAMS HOMES LTD V ROBINSON AND ANOTHER
NUISANCE