149. Non-natural user and things naturally on land.

The rule in Rylands v Fletcher1 only applies where the user of the land is non-natural2. The test of non-natural user is 'whether the defendant has done something which he recognises, or ought to recognise, as being quite out of the ordinary in the place and at the time when he does it'3. While the provision of the ordinary domestic water supply in a building will not constitute non-natural use4, the storage of substantial quantities of chemicals on industrial premises will do so notwithstanding that it takes place within an industrial community in which such activity is far from