Bate & Anor v Affinity Water Ltd
The 1947 deed created a valid express easement for the Defendant’s predecessor to lay, maintain and use the water main under the Property. Alternatively, a prescriptive easement was established by 1989. The Defendant and its predecessors also acted under valid statutory powers in both 1948 and 2005. No actionable trespass occurred.
- Parties
- Claimant: Alan Joseph Bate; Claimant: D A Phillips & Company Limited; Defendant: Affinity Water Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 16 December 2019
- Procedural Posture
- Civil (property, Trusts and Probate) / Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- Easements by Express Grant, Easements by Prescription, Statutory Undertaker Powers, Trespass, Water Undertaker Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Alan Joseph Bate
Claimant
D A Phillips & Company Limited
Claimant
Affinity Water Limited
Defendant
Procedural Posture
Civil (property, Trusts and Probate) / Judgment After Trial
Legal Issues
- 1 Did the 1947 deed create an easement for the water main in favour of the UDC, binding the Property?
- 2 If not, has a similar easement been acquired by prescription?
- 3 Was the water main laid in the exercise of statutory powers?
Ratio Decidendi
The 1947 deed created a valid express easement for the Defendant’s predecessor to lay, maintain and use the water main under the Property. Alternatively, a prescriptive easement was established by 1989. The Defendant and its predecessors also acted under valid statutory powers in both 1948 and 2005. No actionable trespass occurred.
Court Disposition
Claim dismissed
Full Case Text
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