Dixon and another v. Hodgson and others
Language: English Series: Estates Gazette ; (0704) 27 January 2007, 188-191(4)Publication details: 2007Subject(s): Summary: [2007] 04 EG 188, 3 October 2006. The court was required to decide whether it was lawful for the defendants to object to the laying of a pipe across their land which would give a neighbouring property access to drains. The conveyance for the defendants property reserved the right for the adjacent plot of land with a partially erected bungalow to "use and connect to the service conducting installations in or under or over the property". The claimants argued that this expression would include the right to construct such "connecting media" as necessary to enable a connection to be made between the sites for the purposes of drainage. "Held": it was decided that the ordinary and natural meaning of a right to use and connect to service conducting installations was that the owners of the bungalow could do what was necessary to connect the drains on their site to the drains on their neighbour's property that connected to the main sewer. Preliminary issue determined in favour of clients.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | L136512 (Browse shelf(Opens below)) | 1 | Available | 136512-1001 |
[2007] 04 EG 188, 3 October 2006. The court was required to decide whether it was lawful for the defendants to object to the laying of a pipe across their land which would give a neighbouring property access to drains. The conveyance for the defendants property reserved the right for the adjacent plot of land with a partially erected bungalow to "use and connect to the service conducting installations in or under or over the property". The claimants argued that this expression would include the right to construct such "connecting media" as necessary to enable a connection to be made between the sites for the purposes of drainage. "Held": it was decided that the ordinary and natural meaning of a right to use and connect to service conducting installations was that the owners of the bungalow could do what was necessary to connect the drains on their site to the drains on their neighbour's property that connected to the main sewer. Preliminary issue determined in favour of clients.