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    • Thread Starter

    We have a scenario regarding occupier's liability but are unsure of the position that MR DAVIES has. Could anyone advise me on his case?

    "Mr Jones, has recently moved to the North of England. His property, on the outskirts of Beverley, is in a remote location where he has found the fresh air and proximity to nature to be especially calming after the more stressful life his family were leading in the South of England.

    In recent weeks a Mr Davies has moved into the adjoining farm, "Hatchet End". Mr Jones heard rumours that Mr Davis had had some sort of dispute with his bank, but that this was resolved and that his funds had been released so that he could purchase the property. Mr Davies appears to be a slightly suspicious character, coming and going at odd hours, but who, on the whole, has been quite friendly.

    One morning at about 3am Mr Jones was woken by some grunting noises in his yard outside. He looked out of his window to see Mr Davies throwing some small parcels down a manhole cover in the corner of the yard. Mr Davies then started to descend into the drain, but as he was doing this he slipped and fell. Mr Jones immediately called the police and the ambulance service, who managed to rescue Mr Davies from the sewage below. Regrettably, Mr Davies suffered extremely serious injuries to his legs and back.

    The manhole is located on Mr Jones's property but provides access to a jointly owned and controlled drainage system which links to a septic tank on Mr Davies's land.

    The owners of the properties have equal rights of access to the drainage system in case of need. The drainage system services both properties, and both owners had regularly employed contractors to carry out maintenance on it."
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