Trespass to land and Nuisance

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  • Created by: Emma13
  • Created on: 14-03-17 15:49
What is trespass to land?
Unlawful interference with possession of land.
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What are the elements of trespass to land?
Actionable per se ,intentional and direct interference with possession and unlawful.
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What does land include?
Surface,subsoil and airspace above.
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What did the case of Bocardo v Star Energy establish?
The subsoil below the claimants land belonged to the claimant and therefore the defendants non-negotiated access to it resulted in a trespass to land.
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What did the case of Kelsen v Imperial Tabacco establish?
The airspace above the claimants land belonged to them and therefore the
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What did the case of Bernstein v Skyviews & General establish?
The airspace which can be owned by the claimant was limited to what is necessary to ordinary enjoyment of land. D not liable.
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Does the defendant have to have intended to commit trespass?
No, the actions must be intended but intention to commit trespass it not needed.
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What is a defence to trespass and which case establishes this?
Necessity - the D has a defence to trespass if they acted reasonably in response to imminent danger as in the case of Southwark BC v Williams.
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What remedies are available for trespass?
Order for possession (for dispossession), damages and injunctions.
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What is the definition for nuisance?
Indirect interference with use and enjoyment of land.
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What are the elements to nuisance?
Legally recognised interference,continuing state of affairs,interference is unlawful and causation of harm.
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Which 3 interference's are legally recognised interference's?
Physical damage to land, encroachment into the land and interference with comfort and convenience in use of land.
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When is an interference unlawful?
When it is substantial and unreasonable.
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What did the case of Sedleigh - Denfield v O'Callaghan establish?
A balance has to be maintained between right of O and right of neighbours. A useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society.
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What are the reasonableness factors and when would you use them?
Usually with loss of amenity; intensity/duration/frequency/extent of harm, character of neighbourhood, abnormal sensitivity of C's use of land, care taken by D and malice.
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What did St Helen's Smelting Co v Tipping establish?
The character of the neighbourhood is relevant where C complains of interference with personal comfort and convenience. Not relevant where material physical damage is caused.
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What did Robinson v Kilvert establish?
An interference is not unreasonable when it is caused by the C's abnormally sensitive use of their land.
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What did Adams v Ursell establish?
An interference can still be unreasonable despite the fact that the D has not been careless.
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What did the case of Christie v Davey establish?
A malicious use of property is likely to be judged unreasonable.
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What factors do not authorise a nuisance?
Public benefit,planning permission & the C came to the nuisance.
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What did the cases of Kennaway v Thompson and Adams v Ursell establish?
It is not a defence to a claim in nuisance to show that the D's use of their land is for the public benefit, but it may be one relevant factor to take into account when assessing remedy.
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What did the case of Wheeler v Saunders establish?
The grant of planning permission does not authorise a nuisance.
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What did the case of Gillingham BC v Medway Docks Co establish?
The grant and implementation of planning permission may change the character of the neighbourhood.
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What did Millier v Jackson establish?
It is not a defence that the nuisance was already in existence when the claimant acquired their land.
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What did Cambridge Water Co v Eastern Countries Leather establish?
Damage to land needs to be reasonably foreseeable.
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What is the defence to nuisance and what is the authority for this?
Statutory authority may authorise activities which would otherwise amount to a nuisance as in the case of Allen v Gulf Oil Refining Limited.
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Who can be sued in private nuisance?
The creator, the current occupier, nuisance created by employees (VL) and nuisances created by I.C and nuisances created by trespassers or acts of nature.
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What did the case of Matania v National Provincial Bank establish?
An occupier of land is responsible for a nuisance created by an I.C where the nature of the work involves a special danger of a nuisance.
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What did the case of Sedleigh-Denfield v O'Callaghan establish?
Ab occupier is liable for a nuisance created on their land by someone else or by an act of nature, only if the occupier has either adopted or continued the nuisance.
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When do occupiers adopt a nuisance?
Occupiers adopt a nuisance if they make use of the thing which constituted the nuisance.
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When do occupiers continue the nuisance?
Occupiers continue a nuisance if,once they know or ought reasonably to know of it's existence, they fail to take reasonable steps to end the nuisance.
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What does liability depend on?
Negligence.
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What did the cases of Goldman v Hargrave and Leakey v National Trust establish?
Liability depends on negligence, the claimant is only required to do what is reasonable to deal with the nuisance.
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Other cards in this set

Card 2

Front

What are the elements of trespass to land?

Back

Actionable per se ,intentional and direct interference with possession and unlawful.

Card 3

Front

What does land include?

Back

Preview of the front of card 3

Card 4

Front

What did the case of Bocardo v Star Energy establish?

Back

Preview of the front of card 4

Card 5

Front

What did the case of Kelsen v Imperial Tabacco establish?

Back

Preview of the front of card 5
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