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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.
Holdings
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.