Cases - Beauchamp v Frome Rural District Council
Record details
- Name
- Beauchamp v Frome Rural District Council
- Date
- [1938]
- Citation
- 1 AII ER 595
- Legislation
- Keywords
- Easements
- Summary
-
The plaintiff's farm enjoyed 'the right as now enjoyed in common with others having the same right to a water supply to the hereditaments hereinbefore described through pipes from a spring'. The local authority owned the spring and the pipes, and laid new pipes, which reduced the supply to the farm.
The Court held that while the farmer was only entitled to the residue of the water after the other persons entitled had taken what they wanted, this only applied to installations in place at the date of the grant. Consequently the farmer was entitled to object to the new and larger service pipes.