Green v Lord Somerleyton and others
Series: Property, Planning and Compensation Reports ; [2004] 1 P&CR 520-552(33)Publication details: 2003Subject(s): Online resources: Summary: [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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS66489 (Browse shelf(Opens below)) | 1 | Available | 121709-1001 |
[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.