Jelbert v Davis [1968]

Facts

  • An easement granted access to dominant land “at all times and for all purposes”
  • At the time of grant, the easement was used for agricultural purposes
  • The dominant land owner planned to redevelop his farm into a caravan site capable of sustaining 200 caravans at any one time

Issue

  • Would this constitute substantial interference with the easement?

Decision

  • Yes

Reasoning

  • Although access by caravans could not be prevented, the circumstantial impact of the intensification would be substantial, rendering the easement suspended
  • The court did not rule on how many caravan plots might constitute non-substantial interference
RELATED CASE  National Trust v White [1987]

Posted in Land Law Revision Notes.

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