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
