Wheeler v JJ Saunders [1996]

Planning permission will not bar nuisance claims where the nature of the locality of an area is not changed (authorising more pigs to be kept on land).

A secondary right of way will not usually be necessary for the reasonable enjoyment of land such that an easement could be impliedly granted under the rule in Wheeldon v Burrows (1879).

RELATED CASE  Horsley v Maclaren [1972, Canada]

Posted in Tort Law Revision Notes.

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