Prescriptive easements - change in the nature of the use
Wilkinson, H
Prescriptive easements - change in the nature of the use - 2001 - New Law Journal 151(6996) 10 August 2001, 1207-1208(2) .
Studies the issues raised in the case, "Attwood v Bovis Homes Ltd". A piece of land, bought by Bovis, was to change from agricultural to residential use but due to a prescriptive easement of drainage, Bovis needed to ensure no greater volume of water flowed through Attwood's land than before. The disputed issue was over whether changes in use of the land may result in substantial change to the use of the easement. By comparing with other similar cases, the judge came to the conclusion that this would normally lead to the loss or suspension of the easement.
PRESCRIPTIVE RIGHTS
DRAINAGE RIGHTS
CHANGES OF USE
RIGHTS OF WAY
LOST MODERN GRANT
ATTWOOD AND OTHERS V BOVIS HOMES LTD
BRITISH RAILWAYS BOARD V GLASS
CARGILL V GOTTS
HARVEY V WALTERS
TODRICK V WESTERN NATIONAL OMNIBUS CO LTD
WHITE V GRAND HOTEL EASTBOURNE LTD
Prescriptive easements - change in the nature of the use - 2001 - New Law Journal 151(6996) 10 August 2001, 1207-1208(2) .
Studies the issues raised in the case, "Attwood v Bovis Homes Ltd". A piece of land, bought by Bovis, was to change from agricultural to residential use but due to a prescriptive easement of drainage, Bovis needed to ensure no greater volume of water flowed through Attwood's land than before. The disputed issue was over whether changes in use of the land may result in substantial change to the use of the easement. By comparing with other similar cases, the judge came to the conclusion that this would normally lead to the loss or suspension of the easement.
PRESCRIPTIVE RIGHTS
DRAINAGE RIGHTS
CHANGES OF USE
RIGHTS OF WAY
LOST MODERN GRANT
ATTWOOD AND OTHERS V BOVIS HOMES LTD
BRITISH RAILWAYS BOARD V GLASS
CARGILL V GOTTS
HARVEY V WALTERS
TODRICK V WESTERN NATIONAL OMNIBUS CO LTD
WHITE V GRAND HOTEL EASTBOURNE LTD