Ch 1094
England and Wales
Applied – Rex v Bell 1822
‘that which is not a nuisance at the time it is done, cannot become so by length of time’ . .
applied – Bybrook Barn Garden Centre Ltd and Others v Kent County Council QBD 5-Nov-1999
Owners of land downstream of a culvert had their lands flooded after works on land upstream changed the water flow, causing the culvert to be inadequate to cope with the water now running off.
Held: The culvert did not constitute a nuisance, . .
Cited – Bybrook Barn Garden Centre Ltd and Others v Kent County Council CA 8-Jan-2001
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an . .
These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.183034