Atwood and Others v Bovis Homes Ltd
Atwood and Others v Bovis Homes Ltd
- 2000
- Weekly Law Reports [2000] 3 WLR 1842-1854(13) .
CD 4 April 2000. The plaintiffs (A) brought an action seeking against B claiming that the prescriptive right of B to drain surface water from B's land, which had previously always been used for agricultural purposes but had been developed for housing by B, through the plaintiff's farm was no longer exercisable since there had been a change of use of dominant tenement. B counterclaimed for a declaration that it was entitled to the easement. The court ruled that an easement of drainage was not the same as a right of way but comparable to an easement of support, where a change of use would not result in a loss of the right unless the was an increase in the burden on the servient tenement. As this was not the case the easement remained exercisable. "Held": the action was dismissed and the counterclaim granted.
ATWOOD AND OTHERS V BOVIS HOMES LTD
CHANGE OF USE
DRAINAGE
EASEMENT
PRESCRIPTIVE RIGHTS
RIGHT OF WAY
CD 4 April 2000. The plaintiffs (A) brought an action seeking against B claiming that the prescriptive right of B to drain surface water from B's land, which had previously always been used for agricultural purposes but had been developed for housing by B, through the plaintiff's farm was no longer exercisable since there had been a change of use of dominant tenement. B counterclaimed for a declaration that it was entitled to the easement. The court ruled that an easement of drainage was not the same as a right of way but comparable to an easement of support, where a change of use would not result in a loss of the right unless the was an increase in the burden on the servient tenement. As this was not the case the easement remained exercisable. "Held": the action was dismissed and the counterclaim granted.
ATWOOD AND OTHERS V BOVIS HOMES LTD
CHANGE OF USE
DRAINAGE
EASEMENT
PRESCRIPTIVE RIGHTS
RIGHT OF WAY