Skip to content
The scales of justice on a plain background

Sedleigh-Denfield v O'Callaghan

1940 · [1940] AC 880

Posted By lanbuk.com

Facts

A laid a pipe on the defendants' land. The knew about it and used it, but did not fix a grating. It blocked and flooded the neighbour's land.

Issue

Is an occupier liable for a created by a trespasser?

Held

The defendants were liable.

Principle

An occupier who knows of a nuisance created by another and 'continues' or 'adopts' it, by failing to take reasonable steps to end it, is liable.

Why it matters

Liability for nuisances created by others.

Cited in these chapters

Cite this page

Sedleigh-Denfield v O'Callaghan [1940] AC 880 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/sedleigh-denfield-v-ocallaghan> accessed 31 October 2026

The accessed date is today's date. Check your course or publisher's style guide.

This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.