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.
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.
Related cases on easements
- Batchelor v Marlow [2001] EWCA Civ 1051, [2003] 1 WLR 764
- Copeland v Greenhalf [1952] Ch 488
- Dalton v Angus & Co (1881) 6 App Cas 740
- Re Ellenborough Park [1956] Ch 131
- Hill v Tupper (1863) 2 H & C 121
- Mills v Silver [1991] Ch 271
- Moncrieff v Jamieson [2007] UKHL 42, [2007] 1 WLR 2620
- Nickerson v Barraclough [1981] Ch 426
Studying land law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
