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Building works damage drains

Language: English Series: Estates Gazette Case Summaries ; (1992) EGCS 118 (2) (31/10/92)Publication details: 1992Subject(s): Summary: "Robins and another v Tupman and others" CA 19 October 1992. The appellants claimed nuisance and negligence against neighbours for installing an inadequate drainage system, which leaked onto the appellants` land. The appeal was dismissed since it was held that the appellants` own building works had disturbed the original drainage system of the defendants` property and caused the present difficulties. Arguments that the defendants had abandoned their easement were not considered.

"Robins and another v Tupman and others" CA 19 October 1992. The appellants claimed nuisance and negligence against neighbours for installing an inadequate drainage system, which leaked onto the appellants` land. The appeal was dismissed since it was held that the appellants` own building works had disturbed the original drainage system of the defendants` property and caused the present difficulties. Arguments that the defendants had abandoned their easement were not considered.