Facts
- Defendant owned large pestle and mortar, which the claimant did not complain about for a while
- The claimant then bought a consulting ‘shed’, at which point the large pestle and mortar became a nuisance
Issue
- Could the defence of 20 years prescription be used
Decision
- No, claim succeeded
Reasoning
- As the nuisance only became actionable at the time of purchase of the ‘shed’, it had not been actionable for 20 years, although the activity had occurred for more than 20 years
