000			01562cam a2200229 4500
001			ABS66489
008			030321n2003 000 0 eng u
035			_a(Sirsi) u121709
245			_aGreen v Lord Somerleyton and others
260			_c2003
490			_aProperty, Planning and Compensation Reports _v[2004] 1 P&CR 520-552(33)
520			_a[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.
590			_aABS
650			_aGREEN V LORD SOMERLEYTON AND OTHERS
650			_aDRAINAGE EASEMENTS
650			_aLEAKEY V NATIONAL TRUST
650			_aSURVEYORS' DUTY OF CARE
650			_aMARSHLAND
690			_aBoundary disputes _96221
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/198.html&query=Green+and+v+and+Lord+and+Somerleyton&method=boolean _zview the judgement free of charge at www.bailii.org
942			_n0
999			_c72331 _d72331