Non-natural use of land CASES

October 5, 2025

National Case Law Archive

Law books on a desk

Transco plc v Stockport MBC [2003] UKHL 61

A council water pipe burst, damaging Transco's gas main. Transco sued under the strict liability rule in Rylands v Fletcher. The House of Lords held the council was not liable, as supplying water through ordinary pipes was a natural, not a non-natural, use of land. Facts The respondent, Stockport Metropolitan Borough Council, owned a 22-storey block of flats. They were responsible for a large high-pressure pipe which supplied water from the mains to storage tanks in the building. A fracture occurred in this pipe, which was located in the basement of the flats. The leak was not detected for a

October 3, 2025

National Case Law Archive

Law books on a desk

Rylands v Fletcher [1865] EngR 436

A mill owner's reservoir, built over disused mine shafts, flooded a neighbour's working mine. Despite not being negligent, the owner was held liable. This landmark case established the rule of strict liability for the escape of dangerous things from one's land. Facts The defendant, John Rylands, a mill owner, employed independent contractors to construct a reservoir on his land to supply water to his mill. During construction, the contractors discovered old, disused coal mining shafts beneath the site, which were not properly sealed. These shafts unknowingly connected to the operational mine of the claimant, Thomas Fletcher. When the reservoir was