Liability in the Law of Nuisance for Isolated Escapes from Land

Abstract

It is customary for the courts perfunctorily to categorise isolated escapes from one's land, where the escapes therefrom impact on the land of another, either in terms of the rule in Rylands v Fletcher, or, in terms of the law of negligence, without the courts according much discussion as to whether such escapes may be accommodated within the fold of the law of nuisance which has normally been employed to obtain redress for injury or inconvenience occasioned over a period of time. This article examines whether isolated escapes (an expression which includes escapes both of people as well as of things) from land can legitimately fall under the rubric of nuisance, and, if so, whether indeed, the law of nuisance should accommodate such escapes.