| 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 |
||