The Westfield case: A change for the better?

Easements are interests in land of ancient origin. Any survey of authority in this area requires reference to ancient authority rendolent of historical evidence and precise definitions. As easements ‘by their nature as a species are immutable in content but create rights of indefinite duration and are destined to endure in a changing environment’ difficult questions will arise in regard to the interpretation of easements based upon changes in technology, topography and land use that arise during the term of an easement.