2. D must use land for non natural purpose

Cards (7)

  • what case defines land being used for a non natural purpose?
    Rickards v Lothian
  • What is the definition of land being used for a non natural purpose according to rickards v Lothian?
    some special use bringing with it increased danger to others and must not merely be the ordinary use or such a use as is proper for the general benefit of the community
  • what is the signfificance of the case of Cambridge water v ELC?
    It shows how industrial use of land is unnatural
  • what case shows how industrial use of land is unnatural?
    Cambridge water v ELC
  • Storage of things associated with the domestic see of land will normally not be classed as non natural, even though they may be potentially hazardous- so the following have been decided by the courts as being normal uses of land:
    • A fire in a grate which spread to the claimant's premises
    • Defective electric wiring that caused a fire that spread to the claimant's premises
    • A domestic water supply
  • what is the signifcance of the case of Cambridge water Co v ELC in terms of what amounts to a natural use of the land?
    It shows that the storage of chemicals in a factory is an unnatural use of the land. Additionally, just because the activity in progress was an important source of local employment, it doesn't make the storage of chemicals a natural use of land.
  • Which case shows that the storage of chemicals in a factory is an unnatural use of the land. Additionally, just because the activity in progress was an important source of local employment, it doesn't make the storage of chemicals a natural use of land?
    Cambridge water v Eastern counties leather (ECL)