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McAdams Homes Ltd v Robinson and another

Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 214, 27 February 2004. 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. The claimant (M) had appealed against a County Court decision that the defendants (R) had not unlawfully interfered with an easement of drainage enjoyed by M. M had redeveloped a site originally containing a derelict bakery into two houses and intended to use the same drainage as the bakery had. However R had blocked the drain pipe following concerns of sewage backing up and overflowing into his garden after high rainfall. "Held": there had been a radical change in the character of the site with a substantial increase in the burden on the servient land. Appeal dismissed. View at www.courtservice.gov.uk.

[2004] EWCA Civ 214, 27 February 2004. 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. The claimant (M) had appealed against a County Court decision that the defendants (R) had not unlawfully interfered with an easement of drainage enjoyed by M. M had redeveloped a site originally containing a derelict bakery into two houses and intended to use the same drainage as the bakery had. However R had blocked the drain pipe following concerns of sewage backing up and overflowing into his garden after high rainfall. "Held": there had been a radical change in the character of the site with a substantial increase in the burden on the servient land. Appeal dismissed. View at www.courtservice.gov.uk.