Can lawful use of an easement by one dominant owner be prevented because of excessive use by another dominant owner? | Practical Law

Can lawful use of an easement by one dominant owner be prevented because of excessive use by another dominant owner? | Practical Law

In Maioriello and others v Ashdale Land and Property Company Ltd [2011] EWCA Civ 1618, the Court of Appeal decided that a servient owner cannot prevent a dominant owner from lawful use of an easement because of excessive use of the easement by another dominant owner.

Can lawful use of an easement by one dominant owner be prevented because of excessive use by another dominant owner?

by PLC Property
Published on 03 Jan 2012England, Wales
In Maioriello and others v Ashdale Land and Property Company Ltd [2011] EWCA Civ 1618, the Court of Appeal decided that a servient owner cannot prevent a dominant owner from lawful use of an easement because of excessive use of the easement by another dominant owner.