Dirk Gysbert Van Breda v Johan Conrad Silberbauer: 11 Dec 1869

Action by the Owner of a Mill against the Owner of lands situate above the Mill in which, or over which, part of the water that supplied the Mill arose and flowed, for diversion and subtraction of such water. The Plaintiff claimed under grants and certain Regulations and Ordinances made by the Governor and Council of the Colony of the Cape of Good Hope, as well as upon a right of servitude by prescription. Judgment was given, with damages, for the Plaintiff. On appeal such judgment affirmed, the Judicial Committee being of opinion that, whether the power to legislate reapecting the water-rights of the lands in which the water arose, or over which it flowcd, had or had not been sufficiently reserved in the original grants by the Governer and Council to the then Owners, yet that it was abundantly shown, that the Legislature of the Colony had exercised authority, by Regulations and Ordinances, over the water in question, by which the derivative rights of the Plaintiff in the Court below had been regulated znd decIared


[1869] EngR 58, (1869) 6 Moo PC NS 319, (1869) 16 ER 746




England and Wales


Updated: 18 May 2022; Ref: scu.280627