The parties owned areas of marshland divided by a road. The claimant sought a declaration that the defendants had no right to allow floodwater to escape over his land from what he said was an artificial reservoir on the defendant’s land. The claimant’s claim under Rylands had been rejected, but he appealed his claim in nuisance. The defendants sought a declaration of an easement of drainage. The land had previously been in one ownership. Various deeds had provided for mutual rights and arbitration. Changes in water flow had lead to dykes becoming silted up.
Held: If a Leakey duty arose on the defendants, it had been discharged. Also the earlier deeds had done enough to resreve implied easements of drainage.
Lord Justice Jonathan Parker Lord Justice Schiemann Sir Christopher Staughton
[2003] EWCA Civ 198, Gazette 13-Mar-2003
Bailii
England and Wales
Citing:
Cited – Rylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .
Cited – Honey v Sliversprings Bleaching and Dyeing Co Ltd ChD 1992
. .
Cited – Leakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater.
Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . .
Cited – Thomas and Evans Ltd v Mid-Rhondda Co-operative Society CA 1941
The defendants set out to re-construct a wall along the side of the river to protect their land and an adjacent highway from flooding. In doing so they pulled down the wall, leaving gaps which they intended to fill by a new building. The river . .
Cited – L E Jones (Insurance Brokers) Ltd v Portsmouth City Council CA 7-Nov-2002
The claimant sought compensation for damage caused to his property by the roots of trees on the verge outside his premises.
Held: The respondent did exercise lawful control over the trees, even though it did not own the land on which they . .
Cited – Pwllbach Colliery Co v Woodman HL 1915
Whether an easement may be created by implication depends on the circumstances under which it is said to have been made. The law implies a grant of such easements as may be necessary to give effect to the common intention of the parties to a grant . .
Cited by:
Cited – Lambert and Others v Barratt Homes Ltd (Manchester Division) and Another QBD 17-Feb-2009
The claimant sought damages in nuisance and negligence saying that in constructing a new housing estate, they had altered the land in such a way as to lead to the repeated flooding of their home.
Held: Both the developer and the council were . .
Cited – Lambert and Others v Barratt Homes Ltd and Another CA 16-Jun-2010
The claimants had bought houses from the first defendants, who in turn had bought the land from Rochdale, the second defendants. In preparing the land for construction the first defendants were said to have negligently filled in a drainage culvert . .
Lists of cited by and citing cases may be incomplete.
Land, Nuisance
Updated: 01 November 2021; Ref: scu.179560
