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Appeal granted; tile drain deemed appropriate but requires a petition due to cost limits.
The appellant appealed an engineer's report regarding a requisition drain, arguing that the recommended allowance was inadequate and that a tile drain should be constructed to control seepage from the upstream owner's property.
The Tribunal agreed that a tile drain was the most appropriate solution but found that the cost exceeded the statutory limit for a requisition drain under section 3 of the Drainage Act.
The Tribunal granted the appeal and provided a 90-day period for the property owners to file a petition for a drainage works under section 4 of the Act.
