Cases - Cargill v Gotts

Record details

Name
Cargill v Gotts
Date
[1981]; [1981]
Citation
1 WLR 441; 1 AII ER 682
Legislation
Keywords
Easements - Water Resources Act 1963, S. 23(1)
Summary

The plaintiff claimed, by prescription, a right to take water for irrigation of a farm from a mill pond forming part of a river. For part of the period relied upon the user was illegal under section 23(1) of the Water Resources Act 1963. Consequently the Court held that any period during which the use was illegal could not be relied upon by the plaintiff, since 'the court will not recognise an easement established by illegal activity'.