Cases - Chamber Colliery Company v Hopwood
Record details
- Name
- Chamber Colliery Company v Hopwood
- Date
- [1886]
- Citation
- 32 Ch D 549, CA
- Legislation
- Keywords
- Rights of light
- Summary
-
The defendants leased the coal mines under their property to the plaintiffs for 50 years. The latter constructed a drain, with the knowledge of the defendants' agent, which took water to other land owned by the plaintiffs on which they built reservoirs. At the end of the lease, the defendants blocked up the drain. The plaintiffs started proceedings, claiming a right by prescription to the drainage of water to their other land, but the defendants argued that the drain had not been enjoyed as of right.
The Court of Appeal decided that the right was not enjoyed as of right for 2 reasons. First, the defendants had assumed that the plaintiffs were entitled to the right under the lease and the plaintiffs had acquiesced in that assumption. Secondly, the enjoyment had been on the basis of business friendship or indulgence. In neither case, did the enjoyment last beyond the end of the lease and it was not as of right.