Green v Lord Somerleyton and others
Green v Lord Somerleyton and others
- 2003
- Property, Planning and Compensation Reports [2004] 1 P&CR 520-552(33) .
[2003] EWCA Civ 198, 28 February 2003. Appeal by claimant (G) dismissing his claim in nuisance against defendant trustees (S) for allowing S's counterclaim for an easement of drainage. G argued that firstly the judge had misconstrued the 1921 conveyance and the 1921 drainage deed in concluding that the conveyance impliedly granted an easement of drainage and secondly that "Leakey v National Trust " (QBD [1981] QB 485) did not apply. CA held that S owed a duty of care to G under "Leakey" to do what was reasonable to prevent his marshland being flooded by naturally flowing water but S had discharged their duty. S was entitled to an easement to drain their marshes in G's marshes. Appeal dismissed. View judgment at www.courtservice.gov.uk.
GREEN V LORD SOMERLEYTON AND OTHERS
DRAINAGE EASEMENTS
LEAKEY V NATIONAL TRUST
SURVEYORS' DUTY OF CARE
MARSHLAND
[2003] EWCA Civ 198, 28 February 2003. Appeal by claimant (G) dismissing his claim in nuisance against defendant trustees (S) for allowing S's counterclaim for an easement of drainage. G argued that firstly the judge had misconstrued the 1921 conveyance and the 1921 drainage deed in concluding that the conveyance impliedly granted an easement of drainage and secondly that "Leakey v National Trust " (QBD [1981] QB 485) did not apply. CA held that S owed a duty of care to G under "Leakey" to do what was reasonable to prevent his marshland being flooded by naturally flowing water but S had discharged their duty. S was entitled to an easement to drain their marshes in G's marshes. Appeal dismissed. View judgment at www.courtservice.gov.uk.
GREEN V LORD SOMERLEYTON AND OTHERS
DRAINAGE EASEMENTS
LEAKEY V NATIONAL TRUST
SURVEYORS' DUTY OF CARE
MARSHLAND