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Prescriptive easements - change in the nature of the use

By: Series: New Law Journal ; 151(6996) 10 August 2001, 1207-1208(2)Publication details: 2001Subject(s): Summary: 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.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS64457 (Browse shelf(Opens below)) 1 Available 114345-1001

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.