Jurisdiction(s):
United Kingdom

Residential drainage easements: prescriptive right upheld, express right rejected; guidance on evidence and damages; injunction granted—English County Court (Linfoot‑Smith v Ansari)

Published on: 21 May 2021

Published by a LexisNexis Property expert

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Article summary

Linfoot-Smith v Ansari [2021] Lexis Citation 93

What are the practical implications of this case?

This decision stands out as an uncommon residential easement dispute concerning drainage rights. Though the claimant did not succeed on the alleged express easement, it is noteworthy that the court was content to read the phrase ‘in through or under’ as extending to a pipe fixed to the front of the property, mirroring the approach to a like clause in Trailfinders Ltd v Razuki [1988] 2 EGLR 46. The state of affairs on the ground as at the date of the 1934 conveyance bore heavily on the court’s conclusion to dismiss the express easement claim. On prescription, the ruling usefully sets out the categories of evidence the court is apt to treat as helpful, and those it is unlikely to consider of value. The judgment also offers pragmatic guidance on damages, turning down a claim for loss in value said to have been caused by the dispute on the footing that there were no...

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