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