Torts Connected To Land

Question 1

Trespass to land

Answer 1

Tort that can be defined as the unjustifiable interference with land which in the immediate and exclusive possession of another.

Question 2

4 essential elements to trespass to land

Answer 2

Direct interference with land
The interference must be voluntary
There is no need for the defendant to be aware that they are tresspassing
There is no need for the claimant to experience harm or loss

Question 3

Trespass above or below land? Case

Answer 3

Bernstein vs Skyciews and the defendant flown over the claimants land to take a photo of property. High court stated that the claimant had not had the right to airspace as was necessary for the ordinary use of his land and buildings so no trespass.

Question 4

Defences for trespass

Answer 4

1. Legal authority:
   E.g police and criminal evidence act 1984 gives police permission to enter land
2. Consent
   License to enter land e.g person may have implied consent e.g postman and happens say when U buy a cinema ticket you can be there
3. Necessity
   Both private and public. public involves a act to protect the public from wider harm. Private involves an act to protect your own property against threat of harm.
   Right vs Chief Constable of Northampton 1985 and the police fired CS canister into shop and therefore police protected public through necessity.

Question 5

Remedies to trespass in land

Answer 5

Damages and injunction are normal remedies however orders for possession can be made by a court instructing defendants to leave land by particular date.

Question 6

Trespass in Criminal law

Answer 6

Aggravated trespass

Squatting in residential buildings

Question 7

Public nuisance definition

Answer 7

Public nuisance materially affects the reasonable comfort and convenience of life of a class of her magisties subjects.

Question 8

Classes of people for public nuisance

Answer 8

Local communities
Group with a common interest
Impact on community

Question 9

Private nuisance definition

Answer 9

A interference with a persons enjoyment and use of their land

Question 10

Types of private nuisance

Answer 10

Nuisance by encroachment on neighbours land including roots from a tree
Nuisance by direct physical injury to a neighbours land e.g driving car over neighbours garden
Nuisance by interference with a neighbours quiet enjoyment of land e.g constantly playing loud music

Question 11

Private nuisance has 3 elements

Answer 11

Claimant must have an interest in land

There must be unreasonable use of the land which is the source of the nuisance

Claimant must suffer some harm - there must be some damage harm injury or inconvenience.

Question 12

Defences for nuisance

Answer 12

Statutory authority

Prescription (have done so for ages)

Question 13

Non natural use of land - rylands v Fletcher

Answer 13

Fletcher has a reservoir build on his land which then burst and flooded a neighbouring mine run by rylands. HOL held if someone for their own purposes brings collects and jeeps on their land anything likely to do mischief then they are answerable for the damage which is natural consequence of its escape.

Question 14

Key parts of rylands v fletcher

Answer 14

Something must have been collected and kept on the land
The use of land must be non natural
The thing collected must be likely to cause mischief if escapes
The thing brought onto the land must have escaped and caused damage