Property Owner Liability for Drain Seepage Damage

A property owner appealed a decision that held them liable for damages caused to a neighboring property by the seepage of water from a defective private drain installed on their land, arguing that the damage resulted from the neighbor's own actions in digging near the shared boundary wall. The court rejected the appeal, reasoning that the owner of the land where the defect originated bears responsibility for the resulting damage to neighboring property, regardless of the neighbor's subsequent actions, because the continuing fault lay in the unsuitability or defective condition of the structure causing the damage.