| Commentary

146 Movements and escapes

| Commentary

146 Movements and escapes

If water1 or earth in the garden2 moves by reason of a slope or through subsidence, it may damage the adjoining owner’s property. This may be an actionable private nuisance if the damage is foreseeable3, or may even infringe the rule in Rylands v Fletcher4 if the accumulation of water or earth is artificial, but not where the use of the land is natural5. There must be actual physical damage to the adjoining owner’s property. The courts will not allow a claim for anticipated remedial steps such as piling unless there has been an interference with

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