Intentional
accumulation
Storage
or
Escapes
Rickards v Lothian
It must be a special use bringing
with it increased danger to others
and must not merely be the
ordinary use of the land or such a
case as is proper for the general
benefit of the community.
Transco plc v Stockport
Metropolitan Borough Council
High pressure pipe leaked and
resulted the water escape to the
embankment. Presence of water
was a routine function and no
hazard. The escape failed the nonnatural user requirement. The water
pipe is not a dangerous thing and is
not an unusual or non-natural use
of land.
Yat Yuen Hong Co Ltd v
Sheridanlea & anor
Appellant land situated higher
ground than respondent land. Some
earth fell onto the respondents land
and damaged respondent nursery.
The court held that piling loose
earth on a steep slope so that more
flat land would be available was a
non-natural use of land.
Ponting v Noakes
The court held that there
was no escape as the tree
and it s leaves did not
extend beyond the Ds
boundary. Horse ate the
poisonous leaves of D.
Damage caused by the
spread of fire
Sheikh Amin bin Salleh v
Chop Hup Seng
The
P
assented
or
acquiesced in the use of D
premises as bakery, not held
liable in damages under R v
F.
Lembaga Kemajuan Tnah
persekutuan v TNB
Burning vegetation on D
land cut by employee and
left lying on the ground in
hot dry weather. Ps rubber
trees damaged.
Lee Kee v Gui See
The court held that if a
person makes a fire on his
land in order to burn
something
which
is
inflammable, he must take