Torts to the Land

Land Torts

These torts predate the emergence of negligence. They seek to protect a land owner's right to use and freely enjoy his land without unwanted and unwarranted interference from others. These notes will focus primarily on private nuisance and the Rylands v Fletcher case.

Private Nuisance:

• concerns indirect intereference
• actionable only with proof of damage either to physical property or interference with use and enjoyment.
• Private nuisance contributes to definition of mutual rightsand obligations of neighbours with respect to use of property.
• Defined as 'an unlawful interference with a person's use or enjoyment of land or some right over it' (Winfield)
• Includes: 1) Nuisance by enroachment, 2) nuisance by phsyical damage and 3) nuisance by interference with quiet enjoyment of land.

Who can sue?

• Only someone with legal standing - a proprietary interest. (Hunter v Canary Wharf)

Who can be sued, and what for?

• Neighbours
• Essentially the creater of the nuisance
• Can be sued for unreasonable use of their land
• For injunction/damages

Requirement of an emanation:

• Anything capable of amounting to…