Robins and another v Tupman and another
Robins and another v Tupman and another
- 1993
- Structural Survey 11(4) Spring 1993, 401-408(8) .
CA 19 October 1992. R claimed nuisance and negligence against neighbours T for installing an inadequate drainage system which leaked onto R`s land. In 1978 the common owner Miss Blenham B conveyed the house, garden and northern part of land including septic tank but not the soakaway to T. The conveyance did not contain any express grant of an easement of drainage from the septic tank to a soakaway on another part of the land. In 1978, B conveyed another part of the land to R. R built a bungalow and garage and after severed the drain from T`s septic tank and requested them to stop using the system. T constructed an alternative system in 1982 and their claim for £2,358.69 to cover the cost from R was allowed. From 1984, R complained of problems arising from the new system. CA dismissed R`s claim on the grounds that it was R`s obstruction of easement of drainage which was the cause of the nuisance. It was recognised that T had taken reasonable steps to rectify the problem by installing
DRAINAGE
EASEMENTS
NUISANCE
OBSTRUCTION
CA 19 October 1992. R claimed nuisance and negligence against neighbours T for installing an inadequate drainage system which leaked onto R`s land. In 1978 the common owner Miss Blenham B conveyed the house, garden and northern part of land including septic tank but not the soakaway to T. The conveyance did not contain any express grant of an easement of drainage from the septic tank to a soakaway on another part of the land. In 1978, B conveyed another part of the land to R. R built a bungalow and garage and after severed the drain from T`s septic tank and requested them to stop using the system. T constructed an alternative system in 1982 and their claim for £2,358.69 to cover the cost from R was allowed. From 1984, R complained of problems arising from the new system. CA dismissed R`s claim on the grounds that it was R`s obstruction of easement of drainage which was the cause of the nuisance. It was recognised that T had taken reasonable steps to rectify the problem by installing
DRAINAGE
EASEMENTS
NUISANCE
OBSTRUCTION