Mullane v Davies [2020] EW Misc 25 (CC) (04 November 2020)

Mullane v Davies [2020] EW Misc 25 (CC) (04 November 2020)

On the balance of probabilities, Hafod was connected to the borehole at the time of the 2002 conveyance; the right to such a connection passed under section 62 of the Law of Property Act 1925. The interruption of supply constituted substantial interference and nuisance. The claimant has sufficient standing as occupier with executor's tacit permission.

Citation
[2020] EW Misc 25 (CC)
Parties
Claimant: Norah Lloyd Mullane; First Defendant: Joseph Lloyd Davies; Second Defendant: Wyn Trefor Jones (as executor of the estate of Hugh Lloyd Davies deceased)
Jurisdiction
England and Wales
Judgment Date
04 November 2020
Procedural Posture
Civil / Final Judgment
Outcome
Declaration granted; injunctive relief granted; damages awarded for loss of amenity; aggravated damages refused.
Legal Topics
Easements, Water Rights, Nuisance, Damages, Proprietary Estoppel
Property Law Nuisance Easements Water Rights Damages Proprietary Estoppel

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Parties

Norah Lloyd Mullane

Claimant

Joseph Lloyd Davies

First Defendant

Wyn Trefor Jones (as executor of the estate of Hugh Lloyd Davies deceased)

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Hafod is entitled to a water supply from the borehole on Hafod Lydan under section 62 of the Law of Property Act 1925
  2. 2 Whether the interruption of water supply constituted nuisance
  3. 3 Whether the claimant has standing to bring the claim

Ratio Decidendi

On the balance of probabilities, Hafod was connected to the borehole at the time of the 2002 conveyance; the right to such a connection passed under section 62 of the Law of Property Act 1925. The interruption of supply constituted substantial interference and nuisance. The claimant has sufficient standing as occupier with executor's tacit permission.

Court Disposition

Declaration granted; injunctive relief granted; damages awarded for loss of amenity; aggravated damages refused.

Orders

  • Declaration that Hafod is entitled to a water supply from the borehole
  • Injunctive relief to ensure supply