Generally when rights are based upon prescription the courts have been much more willing to restrict the use of the right to the way it has been used in practice.<p></p><p> But in the case of an easement of drainage it has been held that a significant change in use of the land with the benefit of a right to drain would not necessarily have any effect on an existing right to allow surface drainage to run off across adjoining land, particularly if the volume of the surface water does not change.</p><p> Therefore the answer to your question will depend on the volume of surface water which is likely to drain from your estate. If the volume does not increase from the previous agricultural use of the land then you should be okay. </p><p><b>CORRECTION:</b><i>In our answer to the fifth question in July&amp;’s Legal FAQs on restrictive covenants the word &amp;“predates&amp;” should have read &amp;“postdates&amp;”.</i></p><p><b><i>If you have any questions for the Campbell Hooper team send them to the editor via e-mail: ben.roskrow@house-builder.co.uk</i></b></p><p><br> <b></b><b> The contents of this column should not be construed as providing legal opinion or advice that is appropriate to your specific circumstances. The contents are intended for general purposes …