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McAdams Homes v Robinson [2004]

Facts

  • The claimant was entitled to the benefit of an easement of drainage under the defendant’s property
  • The claimant demolished the bakery on his land and replaced it with multiple residential dwellings
  • The defendant blocked the drainage route

Issue

  • Was the defendant entitled to do this?

Decision

  • Yes

Reasoning

  • Having changed the character of his land, the claimant substantially increased the burden on the drainage system, suspending the easement
  • The judge’s finding of facts was to be relied upon, even if slightly inaccurate
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