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Pwllbach Colliery Co v Woodman [1915]


  • The claimant butcher made a nuisance claim against Pwllbach Colliery for dust thrown up by their mining operation due to the recent addition of screening equipment on the defendant’s land
  • The butcher had taken a lease on his land ‘subject to all rights and easements belonging to any adjoining and neighbouring property’


  • Did Pwllback Colliery have an implied easement which could negate a nuisance claim?


  • No


  • As the screening equipment was not necessary for the mining to take place, there could be no easement of necessity
  • There was also no easement implied by way of common intention, as there was no mutual intent for the screening to take place
  • Easements of common intention will only be found where they are necessary for a definite and particular purpose
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