Pwllbach Colliery Co Ltd v Woodman

An easement will be implied on the basis of the common intention of the parties only where it is necessary for the use of the land that the parties had in mind.

Citation
[1915] AC 634
Court
House of Lords
Year
1915
Subject
Land Law
Topic
Easements

Facts

A landowner leased land to the Pwllbach Colliery Company for coal mining. The lease allowed the company to mine coal and to build works on the land. The company built a coal screening plant, which caused coal dust to spread onto the neighbouring land, owned by the landowner and later sold to Mr Woodman, a butcher, whose meat was damaged. The company argued that it had an implied easement to discharge coal dust.

Legal principle

The House of Lords held that there was no implied easement. Lord Parker said that an easement may be implied to give effect to the common intention of the parties as to the manner in which the land was to be used, but only if the easement is necessary for that use. The parties had intended the land to be used for mining, but it was not shown that the coal mining could not be carried on without causing a nuisance by coal dust. The company was liable in nuisance.

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