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Tort Law > Land-based torts (nuisance, RvF, trespass) > Flashcards

Land-based torts (nuisance, RvF, trespass) Flashcards

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1
Q

What are the 4 torts considered under land-based torts?

A
  1. Private nuisance
  2. Public nuisance
  3. The rule in Rylands v Fletcher; and
  4. Trespass to land
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2
Q

What is a private nuisance?

A

Any continuous activity/state of affairs causing a substantial and unreasonable interference with C’s (use or enjoyment of) land

Idea is to balance right of D to do what they like on their land and right of C to enjoy their land without being disturbed by D’s activities

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3
Q

What must you have to sue in private nuisance?

A

A legal interest in the land affected: Owner, tenant in possession, grantees of easement, licensee w exclus possesion

Hunter - tower in Canary Wharf interfered with 100s of people’s TV reception - some claims failed as they ahd no legal interest in land affected e.g. family members living with the homeowner

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4
Q

Who can be sued in private nuisance?

3 different people (potentially)

A
  • Creator of the nuisance (might not be in position to end nuisance or occupier of land)
  • Occupier of land from which nuisance originates (liable for their nuisances and sometimes others)
  • Owner of land
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5
Q

Must the creator of the nuisance be in position to end nuisance or occupying the land to be to be sued?

A

No - can be sued even if they cannot end it or they are not the occupier of the land

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6
Q

Aside from nuisances they create, what else can an occupier of the land be liable for?

A
  • Independent contractors
  • For trespassers/visitors/predecessors in title
  • Naturally occurring nuisances
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7
Q

When will an occupier be liable for the nuisance caused by an independent contractor?

A

Where independent contractors perform tasks that cause inevitable nuisance

Matania - building work that meant music teacher nearby could not earn living for 3 months

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8
Q

What two things must an occupier do to be liable for nuisance caused by trespassers/visitors/predecessors in title?

Not both at same time

A

If they continued or adopted the nuisance

Sedleigh-Denfield - water pipe unlawfully put under D’s land by local authority which blocked and flooded C’s land - D liable as he had used poorly maintained pipe

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9
Q

What does it mean for an occupier to continue or adopt a nuisance?

A

Continue = knew or should have known of existence and failed to take reasonable steps to end it
Adopt = make use of the thing causing the nuisance

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10
Q

When will an occupier be liable for naturally occurring nuisances? What is this subject to?

E.g. lighting starting a fire on their land

A

Where they knew or ought to have known of danger and failed to take reasonable steps to abate nuisance (subject to not bankrupting themselves and steps being reasonable)

Goldman - lighting struck tree on D’s land starting fire, D put out fire but did not douse embers meaning fire reignited and damaged C’s land = D liable as they had physical and financial means to spray water over embers

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11
Q

When will an owner be liable for a private nuisance?

Will not usually be

2 scenarios

A
  • If they authorised it by actively and directly participating or
  • By leasing property in circumstances where there was a high degree of probability that leasing would result in nuisance being created

Coventry - Cs moved into bungalow less than 1km away from D’s noisy motor-sports track, Cs sued occupier and landlord - landlord not liable as they did not authorise it, directly participate it, or lease property in circumstances where there was a high degree of probability that leasing land would result in that nuisance being created

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12
Q

Will knowing how the tenants plan to use the purpose mean a landlord will be liable for private nuisance?

A

No - tenants could use property in a way that would not create nuisance

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13
Q

What are the 4 elements of private nuisance?

I-R-C-U

Recall: private nuisance = any continuous activity/state of affairs causing a substantial and unreasonable interference with C’s (use or enjoyment of) land

A
  1. Indirect interference
  2. Recognised damage (to be established by C)
  3. Continuous act; and
  4. Unlawful interference
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14
Q

What is an indirect interference?

1st element of private nuisance

A

Where nuisance starts on D’s land but causes damage/interferes with enjoyment of C’s land e.g. sounds, smells, fumes, vibrations

Intangible interference

E.g. compost heap on X’s land which smells badly from neighbouring land = indirect interference if it caused damege over a period of time

If put compost heap on neighbour’s land = trespass, not nuisance

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15
Q

What 2 types of damage are recoverabe in private nuisance? What must they both be?

2nd element of private nuisance

A
  1. Physical damage to property
  2. Sensible personal discomfort (SPD)

Both must be reasonably foreseeable

Physical damage could be overhanging branches causing physical damage, smoke and fumes from D’s land causing damage to C’s vegetation

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16
Q

What is sensible person discomfort?

A

Senses of C affected in such a way that C unable to enjoy land e.g. unpleasant odours or noise

Amenity damages; damages enjoyment of property rather than property

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17
Q

What must physical damage and sensible personal discomfort be more than?

A
  • Physical damage more than trivial
  • SDP more than fanciful; must materially interfere with human comfort
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18
Q

Can a C claim for personal injury in private nuisance?

A

No - this would be a tort to person not land

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19
Q

What does it mean for the nuisance to be a continuous act?

3rd element of private nuisance

A

Nuisance must be continuous; one-off isolated event not usually actionable in private nuisance

One-off isolated events may be means of action in public nuisance/Rylands v Fletcher

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20
Q

What are the 2 exceptions to a continuous act?

I.e. where nuisances can be brief in duration/a single incident

A
  1. A single incident caused by an underlying state of affairs
  2. An activity which creates a state of affirs which gives rise to risk of escape of physically dangerous/damaging material

  1. e.g. British Celanese - metal strips from outside D factory blew to C’s machines and made them fail - had happened 3 years before and D had received warning - continuing to keep metal strips outside factory provided continuance
  2. e.g. Crown River - fire from firework display caused extensive property damage - gives rise to risk of escape of damaging material like water, gas and fire
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21
Q

What is an unlawful interference?

4th element of private nuisance

A

Nuisance must constitute an unlawful interference with C’s land or use/enjoyment of land

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22
Q

What does ‘unlawful’ mean in unlawful interference? Does fault matter?

A

Unreasonable; courts do not look at fault of D, but whether activity causing nuisance amounts to an unreasonable use of land

If reasonable = D not liable

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23
Q

What if the activity is an unreasonable use of land but the D has exercised reasonable care and skill to avoid it?

A

Does not matter - if the use is unreasonable the D will be liable

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24
Q

What factors are considered when deciding if D’s interference with land is unreasonable/unlawful?

A
  1. Time and duration
  2. Locality
  3. Abornmal sensitivity
  4. Malice
  5. D’s lack of care
  6. Excessive behaviour

No one factor is conclusive - looked at together

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25
Q

How can time and duration make interference unreasonable? How does property damage change this?

A
  • Where interference is frequent or for long periods of time; longer it lasts = more likely unreasonable
  • If property damage = may find nuisance in termporary/short-lived activity
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26
Q

Which type of loss is the only one relevant for the factor of locality?

A

SDP (not property damage)

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27
Q

How is locality important in determining whether interference is unlawful?

A

What is reasonable in residential area is different to what would be unreasonable in an industrial/commercial area et.c

Sturges - Dr complained surgery distrubed by noise/vibrations from D’s premises used for manufacturing confectionary - D’s business held to be a nuisance in a residential area

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28
Q

Can planning permission authorise a nuisance (i.e. will the fact planning permission has been granted mean private nuisance claim can never be brought)? What can precise terms of planning permission do?

I.e. make unlawful interference not unlawful?

A
  • Mere granting of planning permission cannot authorise nuisance and does not give D a defence (would mean depriving rights of residents)
  • But precise terms of the planning permission may have bearing on existence of nuisance (e.g. can limit noise-making to certaim time period, decibel)

Coventry - D’s speedway stadium built 40 years ago with planning permission in a very rural area with village being 15 miles from C’s house who was claiming nuisance - SC confirmed planning permission did not authorise nuidance and noise amounted to nuisance given area was overwhelmingly rural - planning permission of no assistance to D in private nuisance claims, as it would deprive property-owner of a right to object what would otherwise be a nuisance

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29
Q

Can planning permission change the locality of an area?

A

Has been held to, especially where it benefits the community

But still does not authorise!

Gillingham - predominantly residential area became commercial port following plannign permission and Cs complained of interrupted sleep and general disturbance - claim failed as planning permission had changed nature of locality to wholly commercial area which benefitted community

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30
Q

What is the the rule of abnormal sensitivity and does it still exist?

A
  • Where C/C’s property is unusually sensitive, they cannot claim that activities that would not interfere with ordinary occupier are a nuisance
  • Courts have doubted - if someone is abnormally sensitive then loss is not foreseeable to D - better to see in terms of foreseeability

Robinson - C operated business involving heat sensitive paper above D’s manufacturing buisiness; heat emitted damaged C’s paper - court held that C’s paper abnormally sensitive and ordinary paper would not have been affected so use of D’s land was reasonable

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31
Q

What is the impact of malice on determining unlawful interference?

A

If D can point to no real justification for their actions and aim is solely to annoy C, this will normally constitute nuisance

Certain amount of conflict inevitable

Christie - C music teacher’s music pervaded D’s house throughout day - D responded by banging walls and shouting when music playing - D’s noise held to be excessive and unreasonably as it was made deliberately and maliciously for purposes of upsetting C (granted injunction)

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32
Q

Regarding considerations of D’s lack of care or excessive behaviour, what are the effects on whether interference unlawful?

Lack of care & excessive behaviour

A
  • If D has a lack of care - e.g. worked until someone complained, own convenience prevails above others - this is likely to benefit C
  • Excessive behaviour - how far removed behaviour is from ‘normal’ - can indicate that they are being unreasonable and creating a nuisance (where C owns 100s of pheasants)
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33
Q

What 7 defences are available for private nuisance?

A
  1. 20 years’ prescription - D has earned right to commit nuisance
  2. Statutory authority
  3. Consent
  4. Contributory negligence
  5. Act of third party
  6. Acts of God
  7. Necessity - usual principles apply
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34
Q

For D to earn the right to commit nuisance through 20 years’ prescription defence, what must be the case (what must C have had?)? Need the nuisance be continuous?

A
  • Must have been an actionable nuisance for 20 years or more (C has had grounds to bring claim for this period)
  • Need not be continuous, length of time is important here

Coventry - stadium constructed in 1975 and C moved in in 2006; D could not rely on prescription as it could not show that they had created a nuisance for 20 years or more, was only first complained about in 1992 (16 years before C brought proceedings)

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35
Q

Where will D escape liability if it is carried out on basis of statutory authority?

A

Where they have exercised all due care and nuisance is inevitable consequence of activity

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36
Q

Is planning permission a form of statutory authority?

A

No!!!!!

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37
Q

What must the C have consented to exactly for D to run this defence?

Re defence of private nuisance

A

The activity causing the nuisance

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38
Q

Where the nuisance is created by an act of TP or act of God, what makes the D not liable?

A

Where D has not continued or adopted nuisance

Nichols - D’s artificial pools flooded and damaged C;s property; flooding caused by very unusual amount of wholly unexpected rainfall = complete defence

39
Q

Is ‘moving to the nuisance’ a good defence for D?

E.g. C cannot complain because they have moved here

A

The fact C moved to nuisance is not a defence for D

Does not justify commission of nuisance

Miller - housing estate built in area next to 70 y/o cricket ground where balls were hit in for years - amounted to a nuisance even though Cs recently moved to nuisance

40
Q

What are the remedies for private nuisance? Which is the primary remedy?

A
  1. Injunction (full or partial)
  2. Damages
  3. Abatement

Injunction is primary remedy

41
Q

What is a partial injunction and why would it be awarded?

A

A compromise; limiting time and frequentcy of activity rather than full ban

Where D’s activities are for public benefit e.g. Kennaway - popular power-boat racing which could take place few places else was restricted to planned timetable

42
Q

Where nuisance causes actual physical damage, will damages be the cost of repair or renewal?

A

Whichever lower

Consequential economic loss can also be awarded for

43
Q

When would damages in lieu of an injunction be awarded? What must the type of loss be?

A

Where the loss is SPD and D puts forward arguments as to why an injunction should not be granted

Injunction is primary remedy

44
Q

What would a court consider when deciding whether to grant damages in lieu of an injunction?

I.e. so it can continue

A

Public interest (national defence/lawful enjoyment)

  • e.g. Dennis - RAF flying 70 jets a day was nuisance but in public interest - awarded £95,000 for depreciation in house
  • e.g. Miller - cricket ground liable as balls flying in garden limited garden-enjoying time - damages awarded as public interest outweighed Miller’s

Planning permission

  • Suggests that planning authority had been reasonably influenced by benefit of activity (even if it caused nuisance)
45
Q

How are damages valued?

A

Based on the reduction in the value of a C’s property

46
Q

What is abatement? What are its conditions?

A

‘Self-help remedy’; C acts to stop the nuisance

  • Can enter land of another and take reasonable steps to prevent nuisance continuing
  • Anything belonging to D must be left on property
  • Notice to be given by C of intention but not if emergency
  • Can be a defence for trespass to land

E.g. can cut down branches overhanging land

47
Q

Summary opf private nuisance

A
48
Q

What is a public nuisance? Is it always a tort?

A
  • Where the effect of an act/omission is sufficiently widespread - ‘materially affect the reasonable comfort and convenience of life of a class of her Majesty’s subjects’
  • A crime but can occasionally be a tort where harm suffered by community

PYA Quarries - dust and vibrations from D’s quarry involved over 30 households within local area - held to be sufficiently widespread in effect for it to be a public nuisance

49
Q

Why is the tort of public nuisance a ‘residual method’?

A
  • Many areas of public nuisance - noise, pollution, public health - now regulated by state
  • Tort of public nuisance is a residual method of dealing with certain interferences which cannot be dealt with by other means/where individual wishes to claim common law damages
50
Q

Who can sue in public nuisance and what for?

3 different

A
  1. A local authority - on its own behalf or to protect inhabitants of area
  2. Attorney General - where class of people affected and no individual action possible/forthcoming - brought on their behalf
  3. An individual
51
Q

For an individual to sue in public nuisance, what must they have suffered? Do they need an interest in the land?

A
  • Only where they can prove they have suffered special damage = suffered over and above the rest of the class in a way that is different in kind from that suffered by rest
  • Do not need an interest in the land

So must actually be a class in first place

Lyons - D caused queue outside C’s cafe twice a day - inconenience to public (highway obstruction) and C suffered speical damage as cafe severely disrupted as a result (pure economic loss)

52
Q

Who can be sued in public nuisance?

A

The creator of nuisance of any person who is ‘responsible (e.g. owner/occupier)

Little judicial debate as so rare

53
Q

What are the 4 elements of public nuisance?

A
  1. Act or omission
  2. One-off event or continuous
  3. Class of her Majesty’s subjects; and
  4. Materially affects comfort and convenience
54
Q

What is the difference between private and public nuisance in terms of how often it has to happen?

A

Public nuisance can a one-off/isolated event (unlike private)

55
Q

What is a ‘class of Her Majesty’s subjects’? How many people must be affected? Can ‘people across the country’ be a class?

A

A representative cross-section of the public that has been affected by a common injury (more or less same time/location)

  • No exact number of affected to constitute class
  • Not necessary for every member to have been affected

‘People across the country’ cannot be a class as required by public nui

Rimmington - sent racially offensive items to people across the country; these people were not a ‘class’ in the way required by public nuisance

56
Q

What 3 types of damage will “materially affects comfort and convenience” cover? Will inconvenience be included?

I.e. what damage is recoverable?

A
  • Property damages, pure and consequential economic loss
  • Personal injury
  • Incovenience (annoyance/irritation) that is material (more than trivial) but no need for actual damage

Benjamin - C ran coffee house in Covent Garden - D auctioneers next door created obstruction and inconvenience to C; loading and unloading vans restricted access to coffee house and made it uncomfortable - interference direct and substantial

57
Q

What damages can be recovered for in public nuisance that cannot be for private nuisance/R v F?

A

Personal injury

58
Q

What defences are available for public nuisance?

A

Same as for private nuisance except prescription

Main defence for public nuisance is statutory authority

59
Q

What remedies are available for public nuisance? If brought by AG, what is the only remedy?

A
  • Injunction and/or damages as available for private nuisance
  • Only injunction if brought by local authority or AG

Wandsworth - D’s bridge had pigeons roosting under it which were pooing on people; D had to ‘pidgeon-proof’ bridge as a prevention measure

60
Q

Will golf balls being hit on to a road amount to a public nuisance?

A

Yes; class of persons affected are highway users and they can suffer special damage

61
Q

Public nuisance summary

A
62
Q

What does the rule in Rylands v Fletcher protect against?

A

Protects against interference due to an isolated escape from D’s land

In R v F: water escaped D’s land (builders had failed to bock off number of disused mineshafts when constructing resevoir) and flooded C’s adjoining mine - no evidence of negligence by D (had not known of mineshafts) but was held liable

63
Q

What is the rule in Rylands v Fletcher?

A

A man who for his own purposes brings and keeps something on his land that is likely to do mischief if it escape must keep it in at his peril - if he does not do so he is prima facie answerable for all the damage that is the natural consequences of the escape

Is a sub-species of private nuisance

64
Q

Who can sue and be sued in Rylands v Fletcher?

A

C must have propietary interest in land to sue
D who can be sued is
* person who brings, collects and keeps ‘thing’ onto the land; and/or
* person who has control over it (owner/occupier)

65
Q

What damage can be recovered under Rylands v Fletcher?

2

A

Property damage and consequential economic loss

66
Q

What are the elements of Rylands v Fletcher?

A
  1. D brings onto land and accumulates there
  2. For their own purposes, anything likely to do mischief if it escapes
  3. Escape
  4. Escape caused foreseeable harm
  5. Non-natural use of land - a use of the land that is not ordinary (depends upon the type of area/context)
67
Q

What does ‘D brings onto land and accumulates there’ mean? What does it mean D cannot be liable for?

A
  • Must have voluntarily have brought something on to land
  • Cannot be spread of things that naturally grow (e.g. spread of thistles)
68
Q

Does the ‘thing’ brought on to land, which is likely to do mischief if it escapes, need to be dangerous itself?

A

No - only capable of causing damage if it escapes e.g. water, acid, explosives

69
Q

What must the risk of damage be in the event of escape?

A

RvF - capable
Later cases - exceptionally high risk I.e. thing that escapes has to be recognised as having exceptionally high risk of causing danger if it were to escape

Transco - pipe carrying water to flats owned by D leaked and caused embankment on D;s land to collapse, leaving a gas pipe exposed by C unsupported and C had to spend £94,000 to stop pipe fracturing - high threshold of exceptionally high risk if it escapes was not met

70
Q

What does escape entail and what speed must escape be at?

A
  • Escape = thing brought on to land escapes from land over which D has control to land where they do not have control
  • Can be quickly or happen over period of time
71
Q

Can fire be the ‘thing’ that escapes? What are the potential exceptions?

E.g. Stannard - tyres caught on fire which spread to C’s property

A

No - must be the ‘thing’ (tyre) that escapes, the fie was not the thing ‘brought’ onto land - potential exceptions include…
* If fire started deliberately, the fire was the thing brought on to land
* If fuel is the ‘thing’ brought onto land and fuel starts fire, the fuel can be seen as escaping with the fire

72
Q

Must the escape be foreseen?

A

No - only thing that ought reasonably to be foreseen is the damage if it escaped

Note - Cam Water Co - chemical seeped into soil and travelled to C’s borehole 1.3 miles away - not foreseeable (i.e. if it escaped it would not be a problem because it is not foreseeable that it not reach a borehole 1.3 miles away - so even though it did claim failed)

MCQ example - farmer uses special type of milk to grow plant which could be toxic to animals - milk released on to vet’s land: kills horses, damages roses and changes soil’s PH balance = liability of farmer limited to death of horse as this was foreseeable (but damages to roses and slil not recoverable as this damage was unforeseeable)

73
Q

If the D has taken reasonable car to prevent escape and damge (where it is foreseen that escape would cause damage), will they still be liable?

A

Yes if they fulfil requirements for operation of rule; strict liability applies

74
Q

What is a non-natural use of land?

A

‘Non-ordinary’ use of land depending on time, place, context and use of land
* Transco - piping water for domestic use to a block of flats not unusual
* Colour Quest - large quantity of oil kept on industrial land was non-natural
* Cambridge Water - storage of substantial quantities of chemicals on industrial premises was ‘classic case’ of non-natural use

Interpreted widely so as to allow flexibility in finding liability

75
Q

What are the defences to a Rylands v Fletcher claim?

A
  1. Common benefit
  2. Act or default of C - no liability if escape caused wholly by C’s actions (Dunn - digging under D’s canal causing it to flood)
  3. Statutory authority (Green - statutory obligation to maintain high pressure in water main even though escape can cause inevitable damage)
  4. Act of third party
  5. Act of God
  6. Contributory negligence
  7. Consent
76
Q

Will an act of third party or God be a defence to an RvF claim in spite of strict liability?

A

Yes for both:

  • TP - escape arose due to unforeseeable act of stranger (e.g. leaves tap running leading to C’s property flooding)
  • God - escape caused by natural occurrence that could not reasonably be foreseen (e.g. weather, disaster)
77
Q

When will the common benefit defence be successful? When can consent be implied here?

A
  • Common benefit if C agreed to accumulation of material by D
  • Consent implied if substance accumulated for common benefit

Pters - C leased shop from D (owner of theatre next door) - C’s shop flooded when sprinkler system burst, but D not liable as sprinkler system was equally for benefit of C and C deemed to have consented to use since it was installed prior to lease

78
Q

What remedies are available for Rylands v Fletcher rule?

A

Same as private nuisance; damages and injunctions

Damages most common given that types of loss are property damage and consequential economic loss in RvFs

79
Q

Rylands v Fletcher summary

A
80
Q

What is trespass to land? What must the interference be?

A

Unlawful presence on somebody else’s land - interference must be intentional and direct

81
Q

What must C have to sue in trespass to land?

A

C must have legal interest in land i.e. own land or otherwise be in possession

If trespasser possesses demised land, C would be the tenant or licensee in possession rather than landowner

82
Q

Does there need to be loss or damage in trespass?

A

No - is actionable per se; no actual damage needed

The harm compensated is the unjustifiable interference with C’s land by D

83
Q

What are the 2 elements of trespass to land?

A
  1. Direct and physical interference
  2. Intention
84
Q

What is direct and physical interference (with C’s land)?

4 possible things

A

Direct and physical interference could be…

  • Entering C’s land e.g. walking across private garden
  • Remaining on C’s land when premission revoked e.g. tenant staying in rented property after lease expires
  • Doing something not permitted on C’s land e.g. entering ‘staff only’
  • Placing objects on C’s land without permission e.g. parking car on neighbour’s driveway, advertisement projected into airpsace above premises

Land = anything under, built on, or on airspace above land

85
Q

Must the trespass itself or the action resulting in trespass be intended?

A

D must intend direct action that results in trespass (not intend trespass itself)

walking over private field voluntarily = trespassing even if accident

86
Q

How is intention to trespass implied?

A

Where D knows there is a real risk of trespass

League Against Cruel Sports - C owned unfenced areas of Exmoor on which there were wild deer sanctuaris, on several occasions hunting dogs strayed onto C’s land but no actual intention by D to allow them onto land - implied intention to trespass because D knew there was a real risk of dogs entering C’s land; by persistently hunting close to land it amounted to intention to respass

87
Q

What are the 3 defences to trespass?

A
  1. Permission/consent - D cannot exceed boundaries of express/implied permission
  2. Legal authority - police entering premises to arrest (becomes trespass if they commit wrongful act)
  3. Necessity - to protect public/private interest

  • Dewey - firemen destroyed C’s chimney to prevent spread of fire to further properties (public interest)
  • Esso - ship’s captain discharged oil into sea polluting shoreline (necessity to save lives of crew)
88
Q

What are the primary remedies for trespass to land?

A
  1. Damages - cover cost of harm already suffered by direct interference
  2. Injunction - where there is continuing trespass or where trespasser threatens to repeat (trespass must be serious in nature)
89
Q

What are the other remedies in trespass to land?

A
  1. Re-entry - reasonable force used by owner/occupier who has been excluded from land
  2. Recovery of land - court order for D to be removed
  3. Mesne profits
90
Q

What is the remedy of mesne profits?

A

Claim money from D who wrongfully occupied land and made profit/saved expenditure by doing so e.g. tenant fails to leave at end of tenancy and stops paying rent

91
Q

What is the limitation period for claims in trespass to land?

A

Must be brought within 6 years from date on which cause of action accrued

92
Q

Will flying an aircraft above someone’s property constitute trespass?

A

Not if it is flown at a reasonable height (Lord Bernstein - D used light aircraft to take aerial photos of C’s property - height above as necessary for ordinary use/enjoyment of land)

Example of interfering with airspace

Laiqat - D installed extractor fan on property that projected into C’s garden at 4.5m - did not interfere with C’s use of garden - but constituted a trespass even though it did interfere with normal activity conduted in C’s garden (interference with airspace above another person’s land)!!

Kelsen - D had advertisement sign that projected 8 inches into airspace above C’s shop - injunction successful; invasion of airspace above C’s shop by sign amounted to trespass to land (was over boundary line)

93
Q

Is drilling below land a trespass (under person’s property)?

A
  • By law can access 300m or lower automatically
  • Bocardo (before law enacted) - must reach point of absurdity before the strata does not belong to somebody

Tort Law (10 decks)

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