The Law Reports (King's Bench Division)
[1949] 2 KB 500
[COURT OF APPEAL]
SMITH AND SNIPES HALL FARM LD.
v.
RIVER DOUGLAS CATCHMENT BOARD.
1949 May 24,
25,
26,
27;
June 3.
June 3.
Tucker, Somervell and Denning L.JJ.
Land drainage
— River
— Flooding
— Agreement under seal by drainage board with landowner to widen, deepen and make good the banks of river and maintain completed work for all time
— Contribution by landowner to cost of work
— New banks unable to stand strain of greater inflow of water
— Bursting of bank
— Serious flooding and damage to crops
— Duty of board
— Liability of board to covenantee's successor in title and persons holding title under him
— Covenant running with the land
—
Law of Property Act, 1925 (15 Geo. 5, c. 20), s. 78, sub-s. 1
—
Land Drainage Act, 1930 (20 & 21 Geo. 5, c. 44), ss. 6, 34.