The dominant user used a right of drainage to drain foul water when the right was to drain clean water.
Held: The Court of Exchequer observed that where a party has a limited right in the nature of drainage and exercises the right excessively so as to produce a nuisance, the only remedy is by stopping the whole use.
Citations:
(1856) 26 LJ Ex 34
Jurisdiction:
England and Wales
Land
Updated: 12 April 2022; Ref: scu.427788