“No prescriptive right to nuisance until it becomes actually actionable”
A confectioner had operated noisy machinery for over 20 years. A neighbouring doctor built a consulting room at the boundary, and the noise from the machinery then interfered with his medical practice. The confectioner claimed a prescriptive right to continue the noise-making activity.
Whether a prescriptive right to commit a nuisance can be acquired before the activity actually constitutes an actionable nuisance to neighbouring property.
The Court of Appeal held that no prescriptive right to nuisance had been acquired. Time for prescription only begins to run when the act complained of becomes a nuisance actionable at law.
This case established the fundamental principle in nuisance law that prescriptive rights can only be acquired from the time when an activity becomes actually actionable as a nuisance. It remains a leading authority on the acquisition of easements and prescriptive rights in tort law.
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OSCOLA Citation
Sturges v Bridgman (1879) 11 Ch D 852 (CA)
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