Green v Lord Somerleyton & Ors

Green v Lord Somerleyton & Ors

The Trustees are entitled to an easement of drainage over Priory Marshes for water, including that emanating from Fritton Lake, by implied reservation in the 1921 Conveyance and/or by prescription. No liability in nuisance arises as the Trustees did not breach any Leakey duty; the drainage arrangements were reasonable, and the exempting proviso in the 1958 Drainage Deed precludes liability for the 1993 flood. The appeal is dismissed and the Trustees' cross-appeal is allowed.

Parties
Claimant/appellant: John Green; Defendant/respondent: The Right Honourable Lord Somerleyton; Defendant/respondent: Sir Nicholas Bacon; Defendant/respondent: Mr Thomas Davies
Jurisdiction
England and Wales
Judgment Date
28 February 2003
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Easements, Nuisance, Drainage Rights, Implied Easements, Prescriptive Easements, Liability for Natural Hazards
Property Law Tort Law Easements Nuisance Drainage Rights Implied Easements Prescriptive Easements Liability for Natural Hazards

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Parties

John Green

Claimant/appellant

The Right Honourable Lord Somerleyton

Defendant/respondent

Sir Nicholas Bacon

Defendant/respondent

Mr Thomas Davies

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Trustees have an easement of drainage over Priory Marshes for water emanating from Fritton Lake and Scale Marshes
  2. 2 Whether the Trustees are liable in nuisance for flooding of Priory Marshes
  3. 3 Whether a Leakey duty arises in relation to naturally flowing water

Ratio Decidendi

The Trustees are entitled to an easement of drainage over Priory Marshes for water, including that emanating from Fritton Lake, by implied reservation in the 1921 Conveyance and/or by prescription. No liability in nuisance arises as the Trustees did not breach any Leakey duty; the drainage arrangements were reasonable, and the exempting proviso in the 1958 Drainage Deed precludes liability for the 1993 flood. The appeal is dismissed and the Trustees' cross-appeal is allowed.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • The appeal is dismissed and the cross-appeal is allowed.
  • The appellant to pay the respondents’ costs of the appeal and cross-appeal, subject to detailed assessment if not agreed.