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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67572 (Browse shelf(Opens below)) | 1 | Available | 125548-1001 | |
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 125548-2001 |
Browsing London shelves, Shelving location: Journal article Close shelf browser (Hides shelf browser)
[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.