- D brings something onto his land which will cause mischief.
- The material escapes from the land.
- Must be a non-natural use of the land.
- Must be reasonably foreseeable.
Non-natural uses and Ordinary uses
Any material which is brought onto the land.
Transco - Leak of water. Supplying water was an ordinary use.
Cambridge water - Non-natural use but had no idea that solvent could seep through concrete. Not reasonably foreseeable.
Who can sue?
Must have an interest in the land.
Defences and remedies
- Contributory negligence
- Statutory authority.
- Act of God - e.g. extreme weather.
- Act of a stranger - Rickards v Lothian - flooded the sinks.