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URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3012779-014.html
Cite as: [1741] Mor 12779

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[1741] Mor 12779      
Subject_1 PROPERTY.

Farquharson
 v.
Farquharson

 Date: 25 June 1741
Case No. No 14.

Whether lawful to make a fence against a river, though thereby a damage arise to another?

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It was found lawful for one to build a fence upon his own ground, by the side of a river, to prevent damage to his ground by the overflow of the river, though thereby a damage should happen to his neighbour by throwing the whole overflow in time of flood upon his ground. But it was found not lawful to use any operation in the alveus.

 Kilkerran, (Property) No 1. p. 452.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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