Q:We are intending to develop former agricultural land for a housing estate with more than 500 units. The land previously obtained rights by prescription to allow surface water to run off the land. Will I be able to rely on this right to drain when I chan

Aug. 1, 2002
Generally when rights are based upon prescription the courts have been much more willing to restrict the use of the right to the way it has been used in practice. But in the case of an easement of drainage it has been held that a significant change in use of the land with the benefit of a right to drain …

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