The defendants had dug out gravel from their land, leaving a large hole adjacent to the boundary with the plaintiff’s land. Water filled the hole and caused damage to the plaintff’s land.
Held: The plaintiff’s claim failed because the damage to his land was caused by ‘natural agencies’. The decision might have differed if the water which filled the hole left by the excavation of the gravel had been brought in by pumping or perhaps even by percolation emanating from outside the defendants’ land and induced by the excavation to flow into that land.
Judges:
Slesser and Goddard LJJ
Citations:
[1940] 1 KBD 489
Jurisdiction:
England and Wales
Cited by:
Cited – Leakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater.
Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 18 June 2022; Ref: scu.276817
