The right of a person to the support of the land immediately around his house
is not in the nature of an easement, but is the ordinary right of enjoyment
of property; and till that is interfered with he has no legal ground of
complaint, although, in fact, something may have been done which (without
his knowledge), has occasioned results that will afterwards affect his property,
A, was the owner of certain houses standing on land which was surrounded by
the lands of B, C. and D. E. was the owner of mines running underneath
the lands of all these persons. He worked the mines in such a manner (without actual negligence) that the lands of B. C. and D. sank in; and after more
than six years’ interval their sinking occasioned an injury to the houses of A.
Held: that a right of action accrued to A. when this injury actually occurred,
and that his right was not barred by the Statute of Limitations.
Citations:
[1861] EngR 764, (1861) 9 HLC 503, (1861) 11 ER 825
Links:
Jurisdiction:
England and Wales
Land, Limitation
Updated: 18 May 2022; Ref: scu.284525