000 01406cam a2200229 4500
001 ABS63368
008 000000n2000 000 0 eng u
035 _a(Sirsi) u110507
245 _aAtwood and Others v Bovis Homes Ltd
260 _c2000
490 _aWeekly Law Reports
_v[2000] 3 WLR 1842-1854(13)
520 _aCD 4 April 2000. The plaintiffs (A) brought an action seeking against B claiming that the prescriptive right of B to drain surface water from B's land, which had previously always been used for agricultural purposes but had been developed for housing by B, through the plaintiff's farm was no longer exercisable since there had been a change of use of dominant tenement. B counterclaimed for a declaration that it was entitled to the easement. The court ruled that an easement of drainage was not the same as a right of way but comparable to an easement of support, where a change of use would not result in a loss of the right unless the was an increase in the burden on the servient tenement. As this was not the case the easement remained exercisable. "Held": the action was dismissed and the counterclaim granted.
590 _aABS
650 _aATWOOD AND OTHERS V BOVIS HOMES LTD
650 _aCHANGE OF USE
650 _aDRAINAGE
650 _aEASEMENT
650 _aPRESCRIPTIVE RIGHTS
650 _aRIGHT OF WAY
690 _aBoundary disputes
_96221
942 _n0
999 _c65874
_d65874