272. Landowner's liability.

272.     Landowner's liability.

Prima facie a person is liable for all the damage which may result from the escape of water which he has collected1 and retained upon his land for his own purposes. Thus he is liable if water which he has collected and retained breaks into a subjacent mine2. His liability does not depend upon any question of negligence or unusual or unreasonable user3. However, the right to discharge water into a neighbour's mine may be acquired as an easement4 by grant, by prescription or by statute5, whether the