Non-natural use of land CASES

In English tort law, non-natural use of land refers to a use of land that is extraordinary or unusual in the relevant locality and creates an increased risk of harm to others.

Definition and principles

The concept is most closely associated with liability under Rylands v Fletcher. A use may be classed as non-natural where it involves bringing onto land something likely to cause mischief if it escapes, and where the activity is not an ordinary incident of land use in that place.

Whether a use is non-natural is fact-sensitive. Courts consider the character of the locality, the purpose and scale of the activity, the degree of danger, and whether the use is exceptional rather than routine.

Common examples

• large-scale storage of hazardous substances in a residential area
• industrial operations introducing unusual quantities of dangerous materials
• high-risk accumulations that are out of keeping with surrounding land use

Legal implications

If the use is non-natural and there is an escape causing damage, the defendant may face strict liability, subject to defences such as act of God, claimant’s consent, or the default of a third party. Modern cases have tended to interpret non-natural use narrowly, and negligence and nuisance often provide alternative routes to liability.

Practical importance

Understanding non-natural use helps assess risk when storing or using dangerous substances and supports sensible precautions, insurance decisions, and dispute avoidance.