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Palmer and another v Bowman and another

Series: Weekly Law Reports ; [2000] 1 WLR 842-856(18)Publication details: 2000Subject(s): Summary: CA 14 January 1999. Plaintiff P and defendant B were neighbouring landowners. Naturally occurring water had previously drained from P's land to B's land via drainage ditches which belonged to B but had gradually disappeared over the previous 30 years. P claimed entitlement to easement of drainage. . P appealed against ruling that the easement had been extinguished by abandonment. B cross appealed on the grounds that B was not entitled to the easement. Appeal dismissed and cross appeal allowed. Held that right to drainage was not capable of being established as an easement.

CA 14 January 1999. Plaintiff P and defendant B were neighbouring landowners. Naturally occurring water had previously drained from P's land to B's land via drainage ditches which belonged to B but had gradually disappeared over the previous 30 years. P claimed entitlement to easement of drainage. . P appealed against ruling that the easement had been extinguished by abandonment. B cross appealed on the grounds that B was not entitled to the easement. Appeal dismissed and cross appeal allowed. Held that right to drainage was not capable of being established as an easement.