Torts to the Land

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  • Created by: Calgary
  • Created on: 11-05-12 10:01

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…


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