Since my article in the Agricultural Law Association Bulletin, most eyes have been on Brexit, however, the heavy rains of 2018 have delayed matters in the fields, with April seeing record rainfall levels. 

 

But it is coastal erosion that has grabbed attention, with pictures of Hemsby crumbling down the Norfolk cliffs capturing local headlines. This prompts a brief return to the law and the plight facing coastal property owners. 

 

The aptly named case of Leakey v National Trust [1980] confirmed that landowners do owe a limited duty of care to their neighbours, even in relation to naturally occurring hazards; but it is the Environment Agency’s (EA) position that is of most note here.

 

The EA does not have a duty to repair the many miles of our nation’s sea walls, only a permissive power. Funding limitations have caused the exercise of that power to be severely restricted and that has caused much frustration in the farming community. But one must have some sympathy for the EA given the coastline of Essex alone is approximately the same length as that of Holland. 

 

Nonetheless, the EA is carrying out sea defence works in populated areas, and working closely with local groups such as the Essex Coastal Organisation, with a view to delivering prompt and cost effective sea wall repairs at an early stage in others. We recommend that you liaise with the EA at the earliest possible opportunity to discuss possible funding.

 

If you have any concerns relating to the above issues or any agriculture issues please do not hesitate to get in contact with one of our agriculture specialist lawyers on 01206 217300.