The court was asked whether an easement survived a change in usage: ‘We are of the opinion that the question here . . is, whether there has been a substantial variance in the mode of or extent of user or enjoyment of the easement, so as to throw a greater burthen on the servient tenement . . there must be an additional or different servitude, and the change must be material either in the nature or in the quantum of the servitude imposed.’
Judges:
Grove J
Citations:
(1873) LR 8CP 162
Cited by:
Cited – McAdams Homes Ltd v Robinson and Another CA 27-Feb-2004
The defendant blocked the line of a sewer. The claimant alleged that it had an easement and sought the cost of building the alternative pipe. The question to be answered was ‘Where an easement is granted by implication on the sale of a property, . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 06 May 2022; Ref: scu.194018