Underwood and another v Mayers and another

Easement – Drainage. There was a dispute between the parties regarding a strip of land that lay between their neighbouring properties. The claimants also contended that they had the benefit of a drainage easement which connected an extension to their property with the drainage system installed beneath the defendants' property. The claimants were partly successful on the boundary dispute and wholly successful on the drainage dispute. The Court of Appeal, Civil Division, following the production of fresh evidence by both parties, ordered that the boundary dispute be retried. The defendants' appeal on the drainage dispute was dismissed as the judge had been better placed to determine the issue and there was no basis upon which to depart from his order. Consequential costs orders were made.

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