Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board

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Smith v River Douglas Catchment Board
RiverDouglas.JPG
Court Court of Appeal
Decided 3 June 1949
Citation(s) [1949] 2 KB 500, [1949] 2 All ER 179

Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board [1949] 2 KB 500 is an English land law and English contract law case, notable for Denning LJ's views concerning privity of contract.

Facts[edit]

The River Douglas Catchment Board agreed with a number of landowners between the River Douglas and the Leeds and Liverpool Canal) to carry out some work if some contribution to the cost was given. In 1940 Mrs S, one of the covenantees, sold her land ("Low Meadows") to Smith, which incorporated Snipes Hall Farm Ltd in 1944. In Autumn 1946 the Ellen Brook burst its banks and flooded Smith and Snipes Hall Farm land. They made a claim against the Board for damages in tort and breach of contract. The question was whether not having been privy to the original agreement was a bar to any recovery.

Judgment[edit]

The Court of Appeal all held that the Board was in breach of contract, and that breach caused damage to the farm. The agreement showed the intention that the obligation would attach to the land, and it would not matter whose hands the land came into: the owner could enforce the covenant. Because the covenant ran with the land, under section 78 Law of Property Act 1925 it could be enforced by the covenantee and successors in title. Denning LJ's notable decision went as follows.

See also[edit]

Notes[edit]

  1. ^ (1861) 1 B&S 393
  2. ^ [1915] AC 847
  3. ^ 1 Sm. L. C. 10th ed. 55, 13th ed. 51, 65, 73
  4. ^ (1677) 2 Lev. 210
  5. ^ (1776) 2 Cowp. 443
  6. ^ (1797) 7 Term R. 359
  7. ^ (1756) Ambler 330
  8. ^ [1933] AC 70, 79
  9. ^ [1919] AC 801
  10. ^ (1677) 2 Lev. 210
  11. ^ [1944] Ch. 83 , 103, 104
  12. ^ [1947] K. B. 685 , 689, 690
  13. ^ 1 Sm. L. C. 10th ed. 55, 13th ed. 51, 65, 73
  14. ^ [1938] Ch. 351 , 365
  15. ^ [1909] AC 98
  16. ^ [1947] Ch. 615
  17. ^ 1 Sm. L. C. 10th ed. 55, 13th ed. 51, 65, 73
  18. ^ [1941] AC 74

References[edit]

External links[edit]