Abandonment where the original use has become impossible

An easement can be presumed abandoned if it is attached to a particular user and that user is no longer possible (for example, if the building to which the easement is attached is demolished). For this principle to apply the dominant land must have undergone a 'radical change in character' or a 'change in identity'. Further, following the Court of Appeal decision in McAdams Homes v Robinson the court must consider whether the use of the redeveloped site would result in a substantial increase or alteration of the burden on the servient land. For further guidance, see Practice Note: Easements—interpreting the use and extent.

If the alteration to the dominant land makes the current enjoyment of the right impossible and clearly demonstrates an intention