000 01539cab a2200217 4500
001 ABS67572
008 040324n2004 000 0 eng u
035 _a(Sirsi) u125548
245 _aMcAdams Homes Ltd v Robinson and another
260 _c2004
520 _a[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.
590 _aABS
650 _aMCADAMS HOMES LTD V ROBINSON AND ANOTHER
650 _aDRAINAGE RIGHTS
650 _aREDEVELOPMENT
650 _aCHANGE OF USE
650 _aIMPLIED EASEMENTS
690 _aBoundary disputes
_96221
856 _uhttps://www.courtservice.gov.uk/judgmentsfiles/j2339/mcadams-v-robinson.htm
_zView judgment on the Court Service website...
942 _n0
999 _c74292
_d74292