Where an easement has been acquired by prescription, then, with the possible exception of rights of way, even a radical change in the nature of the dominant tenement will not extinguish the easement unless the burden on the servient tenement has been substantially increased. An express grant may raise different considerations.
So it was held in Attwood v Bovis Homes Ltd [2000] EGCS 54, considering how concreting-over had affected an easement of drainage.
Where an easement has been acquired by prescription, then, with the possible exception of rights of way, even a radical change in the nature of the dominant tenement will not extinguish the easement unless the burden on the servient tenement has been substantially increased. An express grant may raise different considerations.
So it was held in Attwood v Bovis Homes Ltd [2000] EGCS 54, considering how concreting-over had affected an easement of drainage.
