In this episode, Richard clarifies a difficult area of law surrounding the intensification of use of easements in terms of the 2004 CA case of McAdams Homes Ltd v Robinson & Anor, which undid previous principles and set out something new. Most notably, it used to be assumed that upon gaining long-use prescriptive easements, then you could increase the volume of use but you could not change the type, but McAdams did a volte-face in this regard.
#realestate #law #easement #environment
