Sedleigh-Denfield v O’Callaghan [1940] AC 880

House of Lords

Basic Facts: D owned land where a pipe was constructed by the local authority without D’s knowledge. The pipe was inadequately protected, leading to a blockage that caused flooding on C’s adjoining land.

Issue for the Court: Can D be held liable for a nuisance even if they did not create it, but adopted it?

Held: The appeal was allowed. The court found that the Respondent was liable for the nuisance. Once the Respondent became aware of the pipe installed by the trespasser, they assumed responsibility for it. By allowing the pipe to become clogged and cause damage, the Respondent was liable for the resulting nuisance.

• Lord Atkin: Nuisance is determined by wrongful interference with C’s land use. Liability for nuisance can arise from causing or continuing it, not necessarily from creating it.A person who continues a nuisance, knowing it is offensive, and fails to act, is liable.

  Lord Porter: An occupier with knowledge of a nuisance-causing trespasser who does not act to abate it adopts the nuisance.

💡Levelup : This case is a significant precedent in English law regarding private nuisance. It emphasizes the importance of foreseeability and negligence in establishing liability.