“Landowners liable for natural land movements causing neighbour damage if prevention reasonable.”
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.
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 confirmed that the duty of care extends to all natural hazards, not just fire. The 'measured duty' requires landowners to take reasonable steps proportionate to their resources and the gravity of the hazard. The Trust's failure to take any preventive action was unreasonable.
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.
The Goldman v Hargrave principle applies to all natural hazards including land movement, requiring landowners to take reasonable preventive steps proportionate to their resources and the gravity of the hazard.
The Court of Appeal held the National Trust liable for naturally occurring soil slippage that damaged neighbouring property because they failed to take reasonable preventive measures.
It confirmed and extended the Goldman v Hargrave principle to all natural hazards in English law, establishing the 'measured duty' standard for landowner liability.
The court suggested that the principle might extend beyond immediate neighbours to anyone foreseeably affected by natural hazards.
OSCOLA Citation
Leakey v National Trust [1980] QB 485 (CA)
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[2026] EWHC 1095 (KB)
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