Bernel Ltd v Canal and River Trust

Bernel Ltd v Canal and River Trust

The Claimant failed to prove the pipe is a culverted natural watercourse or that it is entitled to riparian rights. The evidence, particularly from the Defendant's expert, showed the pipe is a drain or sewer, not a natural watercourse. There was insufficient evidence of 20 years' user to establish a prescriptive easement, and any such right would not extend to the whole site or the proposed intensified use. The Environment Agency's permit does not determine property rights. Accordingly, the Claimant is not entitled to the declaratory relief sought.

Parties
Claimant: Bernel Limited; Defendant: Canal and River Trust
Jurisdiction
England and Wales
Judgment Date
08 January 2021
Procedural Posture
Civil (property, Trusts and Probate) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Riparian Rights, Prescriptive Easements, Drainage Rights, Natural Watercourses, Declaratory Relief
Property Law Easements Water Law Riparian Rights Prescriptive Easements Drainage Rights Natural Watercourses Declaratory Relief

Case Brief

Summary, issues, holding and outcome

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Parties

Bernel Limited

Claimant

Canal and River Trust

Defendant

Procedural Posture

Civil (property, Trusts and Probate) / Judgment After Trial

Legal Issues

  1. 1 Whether the pipe is a culverted natural watercourse conferring riparian rights on the Claimant
  2. 2 Whether the Claimant is entitled to discharge surface water and treated sewage effluent through the pipe onto the Defendant's land
  3. 3 Whether the Claimant has acquired prescriptive rights to discharge via the pipe

Ratio Decidendi

The Claimant failed to prove the pipe is a culverted natural watercourse or that it is entitled to riparian rights. The evidence, particularly from the Defendant's expert, showed the pipe is a drain or sewer, not a natural watercourse. There was insufficient evidence of 20 years' user to establish a prescriptive easement, and any such right would not extend to the whole site or the proposed intensified use. The Environment Agency's permit does not determine property rights. Accordingly, the Claimant is not entitled to the declaratory relief sought.

Court Disposition

Claim dismissed