Canterbury landowner Philip Drew is suing his neighbours Shirley Webb and Robert Hill for more than £336,000 damages in a claim for nuisance, negligence, and alleged breach of a drainage covenant.
The claimant, of East Street Farm, Ash, contends that, in October 2000, a lake and a weir on the defendants’ adjoining property, Little East Street Farm, caused around 10 acres of his pear orchard to become waterlogged. Despite requests, Webb and Hill allegedly refused to move the weir.
Drew maintains that, within months, the pear trees had become stunted, leading to a reduced crop over the following two years.
He was purportedly forced to grub out trees in the affected area, and, because it was not economic for him to continue to farm the remaining 20 acres or to replant the 10 affected acres with new trees and run the orchard with trees of two different ages, he grubbed out the remaining 20 acres.
He further claims that a later attempt to grow wheat, in order to reduce his losses, also failed because the land was waterlogged, and argues that he is now unable to replant the field with pear trees.
References: PLS News 13/5/03
