16 May 2007
HER MAJESTY'S ATTORNEY-GENERAL IN RESPECT OF THE DEPARTMENT OF CONSERVATION V JOHN DAVID HOLLAND AND ROSELEI ELIZABETH HOLLAND HC HAM CIV 2006-419-1650
- Citation
- openlaw-a6d81117_dd02_4892_a922_f21c6d596d19.pdf
- Court
- High Court
The easement is appurtenant to Allotment 471 and, construed in light of its terms and circumstances, permits taking, conveying and using water only for the purposes of the dominant tenement; using the easement to service substantially the Mortimer Block (non-dominant land) breached the deed by extending the dominant tenement and imposing a greater burden on the servient land; accordingly the District Court's findings of actionable nuisance and that the grantee could use the water 'at will' were set aside and respondents were ordered to disconnect pipes conveying water from the easement to non…