Cases - Brown v Robbins

Record details

Name

Brown v Robbins

Date

(1859)

Citation

4 H. & N.I85

Legislation

Prescription Act 1832

Keywords

Easements

Summary

The claimant was the owner of a house built on solid ground, adjacent to which was a garden belonging to another person from under which certain minerals had been extracted. On the other side of the garden lay land belonging to the defendant. The defendant extracted minerals from that part of his land adjoining the garden which in turn adjoined the claimant's house. As a result, the claimant's land sank and his house was damaged. It was held that inasmuch as the sinking of the claimant's land was in no way caused by the weight of the house, the claimant was entitled to damages for the damage to the house, even though he had not acquired any right of support for the house itself independent of the natural right of support for the land upon which it was built.

The fact that a building may acquire a right of support in its own right by long user is established by the case of Dalton v Angus.