“Landowners liable for natural land movements causing neighbour damage if prevention reasonable.”
The National Trust owned land on Burrow Mump, a natural mound. Natural weathering caused soil and debris to slip onto the Leakeys' adjoining property, damaging their cottage. The Trust knew of the problem but took no preventive action.
Whether the principle in Goldman v Hargrave applies to naturally occurring land movements, and what constitutes reasonable steps for prevention.
The Court of Appeal held the National Trust liable. The Goldman v Hargrave principle applies to all natural hazards, including land movement, where reasonable preventive measures could be taken.
This case consolidated the Goldman v Hargrave principle into English law and extended its application to geological hazards. It remains the leading authority on landowner liability for natural conditions and is particularly relevant to climate change-related land movement issues.
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OSCOLA Citation
Leakey v National Trust [1980] QB 485 (CA)
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