2 Sept 2021
0763644e-8537-43ba-821f-f38e235fbbd8.pdf
- Citation
- openlaw-20414409_38d8_4938_a453_479c8b3cce2d.pdf
- Court
- High Court
The Court granted the application to extinguish the historic stormwater easements because the servient land's use has materially changed since the easements were created, the existing open drain is inadequate for urban development, and the proposed replacement underground stormwater system and replacement easement in gross will not substantially injure beneficiaries; extinguishment was ordered subject to conditions ensuring registration of a replacement easement in favour of Christchurch City Council and construction of an equivalent or better stormwater system in accordance with council cons…