Bellas v. Pardoe

Citations

• 2 Monag. 355
• 15 A. 665
• 1888 Pa. LEXIS 791

Syllabus

<p>The owner of upper land has, on lower land, an easement for the discharge of waters which by nature rise in, flow, or fall upon his land, so long as the natural course of the waters is not diverted.</p> <p>A purchaser must take notice of an easement of this character, although no evidence thereof exists on the ground, and no express notice was given.</p> <p>In an action to recover damages for an alleged obstruction of water-course, it appeared that the plaintiff and defendant owned adjoining farms, which were separated by a lane. The plaintiff claimed that a low place on his farm had a natural outlet for drainage across the lane to defendant’s land. A culvert had been constructed about twenty-five years before, at a point in the lane where the water naturally flowed. This culvert became filled up in time and the defendant refused to open it, or to permit plaintiff to do so. Defendant claimed, as a defence, that most of the water, which accumulated in the low place on plaintiff’s land, came from a gutter on an adjoining public road, and if the plaintiff had constructed drains from the upper to the lower side of the roadway, the water would not have accumulated. The court charged that it was not the duty of the plaintiff to make such draius across the public road, that was the business of the township authorities, and if such authorities did not do so, so as to allow the water to flow in its natural course, and water was conducted by artificial gutters along the road to plaintiff’s land, he could not recover. I-Ield, on a verdict for plaintiff and judgment thereon, that the judgment should be affirmed.</p>