Land

Trespass Issues

Nature of Trespass Trespass covers personal entry onto land and causing anything directly to enter into or come in contact with the land, without consent or other adequate justification. The consequences of trespass may vary considerably.… Read the rest

Trespass

Nature of Trespass Trespass must be direct. It is constituted by direct action against land. Throwing an object on to land constitutes trespass. In contrast, permitting the growth of branches and roots over the boundary line is regarded as indirect, and therefore not trespass. … Read the rest

Nuisance Issues

No Fault A key feature of a claim in nuisance is that it is not necessary to prove that the respondent ’s behaviour was deliberate or even negligent. Once the action itself constitutes a nuisance and is an unreasonable interference with the claimant’s land, this of itself creates liability. … Read the rest

Nuisance

Law of Nuisance The law of private nuisance compensates for or prevents the unreasonable interference disturbance or annoyance of a person in his occupation of land. It protects the interest of the landowner and occupier in the quiet and peaceful enjoyment of the property.… Read the rest

Defences to Trespass

Defences to Trespass There are various defences to the various types of trespass. Consent Consent is a defence to trespass. Entry onto land should be within the terms of the consent. An entry on land in breach of consent which may cause the person, the trespasser to be deemed trespasser from the moment of entry.… Read the rest

Dangerous Escapes

Rylands v Fletcher / Strict Liability The case of Rylands v Fletcher involved two adjacent coal mining operators. The defendant constructed a reservoir to supply water to his mill. His contractors failed to discover an underground shaft which connected to the plaintiff’s mine. … Read the rest

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