Mutual Duties betwixt the Proprietors of the servient and dominant Tenements.
Carlile of Limekilns v. Douglas of Kelhead
1731.
November. Case No. No. 26.
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Where the prejudice done to the neighbouring grounds, by restagnation, did arise, not from the insufficiency of the dam-dikes, but from the running in of mud and gravel, by speats and land-floods, the proprietor of the mill was found not obliged to clean the dam, the restagnation of the water not being occasioned by any opus manufactum of him, or by his neglect; but that the proprietor of the servient tenement might clean the dam, if he pleased. See Appendix.
