Leakey v National Trust [1980] QB 48

Court of Appeal 

Basic Facts: The plaintiff owned houses on a bank adjacent to the defendant's land, where natural erosion was threatening their stability. The plaintiff notified the defendant, who refused to take action. The embankment later moved, damaging the plaintiff's houses. The plaintiff sued and won, and the defendant appealed. 

Issue: Can a landowner be liable for a nuisance caused by natural occurrences? 

Held : The appeal was dismissed. 

Key Issues :

• Duty of Care: A landowner is liable for nuisances caused by trespassers if they fail to take reasonable steps to stop the nuisance from spreading after becoming aware of it, even if they did not cause it. 

• Extended Duty of Care: This duty extends to nuisances caused by natural occurrences. No duty exists while a defect remains latent, but once it becomes apparent, the duty arises regardless of the cause (nature or man-made). 

• Discharging the Duty: If a landowner cannot afford or reasonably cannot carry out necessary actions to prevent the nuisance, this will be considered when assessing whether they breached their duty.