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B&Q v Liverpool and Lancashire Properties [2001]

Facts

  • B&Q used an easement for the purpose of deliveries to one of their stores
  • The easement was granted over land leased to Liverpool and Lancashire Properties
  • The servient lessees sought to build on the servient land, which would obstruct access to B&Q for delivery vehicles

Issue

  • Was the easement interfered with?

Decision

  • Yes

Reasoning

  • A dominant landowner is entitled to the full extent of any easement, not just what he reasonably requires
  • For any minor interference, damages would be available
  • For any substantial interference, injunctions would be available
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