Property interests Flashcards
What is enroachment?
A permanent intrusion onto someone else’s land.
What is trespass?
A temporary or transient invasion of the proprietor’s right to exclusive possession of his or her property or structure.
What remedies are available under trespass?
(a) Damages are available when tangible harm is done e.g. to crops etc
(b) Primary remedy is interdict.
What Act gave individuals ‘statutory access rights’?
The Land Reform (Scotland) Act 2003
What does s1 of the 2003 act provide everyone with?
two distinct rights;
(a) The right to be on land for specified purposes of recreation (e.g. educational activities)
(b) The rights to cross land
When would an interdict be granted in respect of trespass?
When there is reasonable apprehension that there will be future trespass. Highlighted by the case of Hays trustees v Young
What did the case of Stirling Crawfurd v Clyde Navigation Trustees establish?
That interdicts in trespass were only truly effective against persons who were persistent and identifiable.
What is meant by aemulationem vicini?
Spiteful or malicious use of land with the intention of causing harm to the neighbour
What is liability based on in aemulationem vicini?
Liability is based on malice which is required to be proved.
Name a successful case in which aemulationem was established.
Campbell v Muir 1908;
- The petitioner leased fishing rights from the respondent
- After about 5 mins of fishing the respndent cast a fishing line to disrupt that of the petitioner
- Aemulationem was established as it was found that the fishing water was big enough that there was no need for the respondent to fish in that exact spot
What happened in the case of More v Boyle?
- Defender severed a water connection in his own back garden to “get his own back” on his neighbour
- neighbours had refused to repair water pipe
- Aemulationem was relevant here
What is nuisance said to protect?
the right to comfortable enjoyment of property, free from serious disturbance, substantial inconvenience or material harm.
For nuisance to occur, must it take place on the land of the defender?
No as the case of Alisson v Stevenson established, nuisance need not originate from the land of the defender
Other than enjoyment of property what other claims may be made in respect of nuisance?
Remedies in respect to injury to health
Where harm has been economic
