Court Court of Appeal | Citation(s) [2003] EWCA Civ 198 | |
Green v Lord Somerleyton [2003] EWCA Civ 198 is an English land law case, concerning easements.
Contents
Facts
Green had dykes. Water from Lord Someleyton’s land drained into the dykes, and Green brought an action in nuisance to stop it happening after a serious flood that came from a lake on Somerleyton’s property. Water had flowed from it through marshland. The trustees of Lord Somerleyton’s land counterclaimed that they had an easement for the water drainage, from a 1921 conveyance by implied reservation.
Judge held there was no remedy in nuisance for naturally flowing water under Leakey v National Trust [1980] QB 485.
Judgment
Jonathan Parker LJ held that nuisance could cover floodwater. But Green had not made clear what action they ought to take, nor had he taken action to reduce risk himself. Furthermore, the provisions in the drainage deed were incorporated by reference into the conveyance to Green, and by implication those drainage rights were intended to be proprietary. So Somerleyton did have an easement of drainage.