Questions arise when the user of the dominant tenement changes, or the intensity of use of the easement changes, over time. The underlying principle is that the servient tenement should not be made subject to any significantly different or additional burden to that existing at the date of the express or implied creation of the easement. For example, in [case], a house had the benefit of a right of drainage. When the house was extended and changed into an institution housing 150 people, it was held that the user was excessive, and the dominant owner had to restrict the user to the extent the easement was used at the time of the grant.
Answer
Wood v Saunders (1875) LR 10 Ch App 582
Tags
#easements #land #law
Question
Questions arise when the user of the dominant tenement changes, or the intensity of use of the easement changes, over time. The underlying principle is that the servient tenement should not be made subject to any significantly different or additional burden to that existing at the date of the express or implied creation of the easement. For example, in [case], a house had the benefit of a right of drainage. When the house was extended and changed into an institution housing 150 people, it was held that the user was excessive, and the dominant owner had to restrict the user to the extent the easement was used at the time of the grant.
Answer
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Tags
#easements #land #law
Question
Questions arise when the user of the dominant tenement changes, or the intensity of use of the easement changes, over time. The underlying principle is that the servient tenement should not be made subject to any significantly different or additional burden to that existing at the date of the express or implied creation of the easement. For example, in [case], a house had the benefit of a right of drainage. When the house was extended and changed into an institution housing 150 people, it was held that the user was excessive, and the dominant owner had to restrict the user to the extent the easement was used at the time of the grant.
Answer
Wood v Saunders (1875) LR 10 Ch App 582
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Open it er time. The underlying principle is that the servient tenement should not be made subject to any significantly different or additional burden to that existing at the date of the express or implied creation of the easement. For example, in <span>Wood v Saunders (1875) LR 10 Ch App 582, a house had the benefit of a right of drainage. When the house was extended and changed into an institution housing 150 people, it was held that the user was excessive, and the domin
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