Could someone comment on the effect of the famous Rylands v Fletcher decision [a person is liable for damage caused by escape of substances etc from his land], and widespread flooding. Difficult as it may be for a landowner to stop the effects of inundation of his land, where the water then causes damage to his neighbour's land / property, is this actionable?
Someone could LOL. Do you want to know for purely academic reasons or are you concerned about a real situation? If the latter, what are the circumstances?
This no theoretical problem.
Canal towpath renovation is being nullified by parts being washed away after heavy rains. The water originates from man-made lakes, overflows onto a public footpath, runs down a`short lane, probaby in private ownership, then across the towpath into the canal.
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