Liability in tort can arise not just for the causer of a private
nuisance but also for the landowner that fails to act in a way that
satisfies its "measured duty of care".
The landowner's duty has recently been considered in the
case of Lambert v Barratt Homes and Rochdale MBC (16 June
2010).
The claimants were householders on a road in Rochdale. The road
was adjacent to a school playing field owned by the Council.
In 1993, the Council sold part of the playing field to Barratt
Homes for development. Barratt completed its development in
1996.
Prior to development, the field had been satisfactorily drained
by a ditch which ran into a culvert that passed under the road.
However, Barratt filled in the ditch and culvert. This caused
surface water on the Council's retained part of the playing
field to collect in and damage the claimant's properties.
Expensive works were required (mostly on the Council's land) to
rectify matters.
