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A successful objection requires radical change

By: Series: Estates Gazette ; (0418) 1 May 2004, 95(1)Publication details: 2004Subject(s): Summary: 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.

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.