Lane v. Newdigate
England and Wales Court of Chancery
32 Eng. Rep. 818 (1804)
- Written by Eric Miller, JD
Facts
A landlord leased the use of his land for the construction of water mills. The lease included covenants providing that the lessee was allowed to use the land’s waters, which flowed through a series of canals. However, the landlord maintained the stop-gates (i.e., structures enabling the waters to be diverted) in ways that interfered with the lessee’s use of the water. The lessee sought a court order directing the landlord to make repairs to the stop-gates and related structures.
Rule of Law
Issue
Holding and Reasoning (Eldon, J.)
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