Existing easements and redevelopment

January 17, 2012 7:30 pm

The Court of Appeal ruling in McAdams Homes Limited -v- Robinson turned on the response to two questions:-

1. Did the redevelopment represent a “change of identity” or a “radical change in character” of the dominant site – in that case previously a bakery – rather than a mere change or intensification of its use? and
2. Did the use of the redeveloped site result in a substantial increase or altered burden on the servient land?

It was established in this case that if both questions were answered in the affirmative then the easement would be suspended or lost.