A dispute between Norfolk neighbours over the cost of shared water at their properties has moved to the Court of Appeal.
Philip Townsend, the freehold owner and occupier of Wood Dalling Hall, Wood Dalling, is appealing against a Norwich County Court decision of March 2001.
Mr Recorder Evans had ruled that the cost of supplying water to and through a borehole to the Hall, and to the neighbouring property at 6 Further Granary Cottages, Wood Dalling, which is owned by Raymond Konstantinides, should be assessed according to the amount of water used by the respective owners.
Those costs were to include the costs of repairing and maintaining the borehole and of any equipment required for pumping water, together with the cost of replacing such equipment.
In the Court of Appeal, Timothy Dutton, counsel for Townsend, argued that there was no evidence upon which the judge could properly have reached his decision. He claimed that he should have held that Townsend and Konstantinidis should share the cost in the ratio of 70:30 respectively.
He said that the method of calculation proposed by the judge was both unworkable and unfair in circumstances where no means existed by which the consumption of water could be calculated.
However, Graham Sinclair, counsel for Mr Konstantinidis, argued that the fairest method of apportioning water usage would be by measuring it as the judge had suggested. He said that this could be done “with relative ease by the installation of separate water meters”.
This, he said, would enable the parties to assess their rightful share of the cost of providing a service from which each would benefit.
The hearing continues.
Konstantinidis v Townsend Court of Appeal (Sir Andrew Morrit V-C and Sedley and Kay LJJ) 19 March 2003
References: PLS News 20/03/03
