McAdams Homes Ltd v Robinson
McAdams Homes Ltd v Robinson
- 2004
- Farm Tax Brief 19(5) June 2004, 7-8(2) .
Discusses "McAdams Homes Ltd v Robinson and another" ([2004] EWCA Civ 214, Abs67572) which 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. Previously "Attwood v Bovis Homes" (ChD, X113239) allowed a drainage easement to be used as the new purpose of the dominant land imposed no greater burden on the servient land. However, in "McAdams" the judge held that the implied easement was not available. The case raised and clarified several points of general law.
MCADAMS HOMES LTD V ROBINSON AND ANOTHER
ATTWOOD AND OTHERS V BOVIS HOMES LTD
IMPLIED EASEMENTS
PRESCRIPTIVE RIGHTS
CHANGE OF USE
Discusses "McAdams Homes Ltd v Robinson and another" ([2004] EWCA Civ 214, Abs67572) which 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. Previously "Attwood v Bovis Homes" (ChD, X113239) allowed a drainage easement to be used as the new purpose of the dominant land imposed no greater burden on the servient land. However, in "McAdams" the judge held that the implied easement was not available. The case raised and clarified several points of general law.
MCADAMS HOMES LTD V ROBINSON AND ANOTHER
ATTWOOD AND OTHERS V BOVIS HOMES LTD
IMPLIED EASEMENTS
PRESCRIPTIVE RIGHTS
CHANGE OF USE