4 Mass. App. Ct. 835 | Mass. App. Ct. | 1976
This bill in. equity prayed (among other matters as to which the Superior Court granted relief) that the defendants be enjoined from channeling surface water from their land onto the plaintiff’s adjoining land. 1. A master found that the defendants “constructed a gravel drainage system on... [their] [the defendants’] land so as to catch water coming off a hill on the back of... [their] land so that it would not flow towards ... [their] building and hardtop [parking lot].” This drainage system consisted of a gravel apron and a ditch, each of which the master characterized as a “definite artificial channel.” He found that “[a]s a result of this drainage system, water was channeled by said system onto the land of the Petitioner” and that “the channeling was not into a natural watercourse....” The master further found that the defendants’ construction “caused more of the water to flow into land of Petitioner instead of under the pavement.” In accordance with settled principles the defendants have no right to divert water onto the
So ordered.