Neighbourly Matters Flashcards
What rights are granted by the Access to Neighbouring Land Act 1992?
Grants important rights to assist with access on neighbouring land to enable the repair and maintenance of buildings and land. There are limitations in its practical application, as the Act is for works of ‘basic preservation’ only.
The Act allows a landowner to apply to Court for an ‘Access Order’ to allow access where the works are reasonably required for the preservation of the landowner’s land
What are easements?
A right which a person has over land owned by someone else.
What are common examples of easements?
a right of way;
a right of light; or
a right of support.
Where do could you find information on easements?
HM Land Registry
What constitutes public nuisance?
Public nuisance arises where the nuisance affects a larger proportion of people than normal and is therefore ‘public’ in nature.
What is a statutory nuisance?
The Act grants a right to local councils to take action against parties causing various types of nuisance that have a detrimental effect on the environment or health. E,g, noise, fumes or gas.
What is private nuisance?
A private nuisance has been described as an ‘unlawful non-trespassory interference with the private use and enjoyment of land or rights over land’.
What is trespass?
Trespass is the unlawful occupation of, or interference with land or property belonging to someone else. Trespassing can take different forms such as ‘squatting’, dumping rubbish on someone’s land or encroaching on a neighbour’s land in a boundary dispute.
What is oversailing?
Under English law a landowner owns the airspace above his land and it is therefore trespass if a developer or its contractor allows a tower crane jib to swing across land owned by other parties.
What is key difference between trespass and nuisance?
The distinction is very important because to succeed in a claim for nuisance, there is the more onerous requirement of proving that the intruding object caused damage, whereas there is no such requirement to prove damage in trespass; the act itself is sufficient.
How are damages awarded in instances of oversailing?
If damages are awarded, they will be determined on the ‘way leave’ basis. ‘Way leave’ means based on the value of the airspace for the purpose of swinging crane through it.
