Right to a free supply of water under a 99-year lease
Welsh Water’s predecessors had been granted the right to lay pipes over parts of the farm in return for permitting the landowner to tap into the water pipe. Whilst the pipes were no longer used, the Judge held that there had been an oral variation of the lease when a Welsh Water employee agreed with Mr Abberley to lay new pipes at the farm and to change the location of the farm’s connection to the water main, and that following that variation Mr Abberley continued to be entitled to a free supply of water. Welsh Water’s alternative arguments that the lease had been surrendered by operation of law, that there should be an implied term permitting Welsh Water to terminate it, and that the lease had been frustrated, were rejected.
Daniel Robinson acted for Mr Abberley.
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