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'.