VINNICOMBE v. MacGREGOR

29 VLR 32·WILLIAMS, HODGES, and A’BECKETT, J.
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29 VLR 32
29 VLR 32
VINNICOMBE v. MacGREGOR Supreme Court of Victoria (Full Court) WILLIAMS, HODGES, and A’BECKETT, J. September 24, 25, 26, 29, 1902. April 2, 28, 29, 30 April 1903 Water — Natural flow of surface water — Servitude of lower land — Obstruction of flow of water by owneA'BECKETT, J.,r of lower land — Alteration of natural features of land — Concentration of water on to lower land — Leave and licence — Licensee of Crown lands, power of, to create an easement .

The owner of land on a lower level has no right to obstruct the natural and accustomed course of the superabundant water flowing from and out of a well-defined watercourse, so as to throw such waters back on to the land on the higher level, to the damage of the owner of such higher land.

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