The plaintiff landowner had a copper mine. The water from the mine, which had been contaminated with metallic substances discharged over a neighbour’s land. He sought to establish a right to do so by prescription. The right was claimed over land subject to a tenancy for life.
Held: Such a claim was in the nature of a claim to a water course. The claim should be pleaded as ‘for the full period of forty years next before the commencement of the suit’ . It was no full answer to say that the servient land was subject to a tenancy for life, siince though the period of the tenancy for life was to be excluded, that exclusion was conditional upon the reversioner making objection within three years after the end of the tenancy for life.
Citations:
[1836] 1 M and W 77, [1836] 1 Gale 410, [1836] Tyr and Gr 375, [1836] 150 ER 353
Statutes:
Jurisdiction:
England and Wales
Land, Limitation
Updated: 24 November 2022; Ref: scu.223973
