Head 23: 3 Flashcards
(9 cards)
In what ways is land supported?
Subjacently (from beneath)
Adjacently (from the side)
It is a delict to…
Use your land in such a way as to cause withdrawal of your neighbour’s support.
⁃ In practice important mainly (in relation to subjacent support) where surface belongs to A and minerals to B.
Is there a positive duty to support?
There is no positive duty to support. Obligation is merely not to withdraw existing support. Liability is strict.
Can title deeds vary the rules on support?
Yes.
Who is liable for damage caused by coal mining.
Under the Coal Mining Subsidence Act 1991 for damage caused by coal-mining (evening if the mining took place prior to nationalisation of the coal industry - it doesn’t matter when the mine was actually active.)
What is aemulatio vicini?
This is Latin for ‘abuse of rights’ - in other words, where one landowner carries out a spiteful act in relation to your neighbour. It may be that this act is not a delict but nonetheless there may be a remedy under the doctrine of aemulatio vicini.
Dunlop v Robertson 1803
The defender was a solicitor who didn’t get on with his neighbour. He increased the height of his wall from 8ft to 16ft and this blocked out the height reaching 2 of the 3 stories of his neighbours house. He argued that this was done for reasons of privacy and this defence succeeded.
⁃ [There are a number of other cases about fences and hedges etc where the same defence has succeeded. Thus it is pretty hard to succeed in a case of aemulatio vicini because if the defender can point to a reason for their actions that is legitimate then they are entitled to do it.]
More v Boyle 1967
Man closed off a water pipe which ran through his garden which was supplying his neighbour’s house. It was argued he was doing it to be spiteful. This was held to be a relevant case of aemulatio vicini since he was doing it for reasons of spite - so the purser succeeded.
High Hedges (S) Act 2013
Allows you to apply to your local authority if you don’t like the fact there is a high hedge affecting your property. The hedge must be at least 2 meters in height and must be a barrier to light. This legislation comes into force on 1 April 2014.
