Lecture 11 - Land Torts Flashcards
(16 cards)
What are 2 land torts?
1) trespass to land
2) private nuisance
What is private nuisance?
unlawful interference with a person’s use and enjoyment of land, proof of damage required
What are the types of harm for private nuisance?
physical damage to property
loss of amenity
NOT personal injury
What is a case about loss of amenity?
Coventry v Lawrence [2014]
What happened in Coventry v Lawrence [2014]?
racetrack in rural area operated for around 30yrs, planning permission granted, C purchased property around 1km from track, noise was substantial in terms of decibel levels and length of time occurred for, cause C to lose enjoyment over land, C succeeded in SC and decibel level limited as well as time racetrack could be used for
What are 4 requirements for a private nuisance being unlawful interference?
1) intensity
2) sensitivity
3) locality
4) malice
What is meant by intensity for private nuisance?
duration, frequency, time of day, substantial, unreasonable
What is meant by sensitivity under private nuisance?
is C’s sensitivity unusual or abnormal? is interference reasonably foreseeable
What is meant by locality under private nuisance?
character of neighbourhood
What is meant by malice under private nuisance?
motivation of D
What is a case demonstrating sensitivity under private nuisance?
Network Rail Infrastructure Ltd v Morris [2004]
What happened in Network Rail Infrastructure Ltd v Morris [2004]?
Morris sued network rail for private nuisance as new signalling equipment prevented Morris’s electric guitars working in his recording studio nearby, Court of Appeal rejected Morris, Morris used sensitive electronic equipment which was not typical for normal land use, the interference was not foreseeable at the time
What is meant by trespass to land?
intentional and direct (unlawful) interference with a person’s possession of land
What are some examples of trespass to land?
crossing boundaries
remaining on land without permission
putting or placing objects on someone else’s land
What is a case about trespass to land?
Kelson v Imperial Tobacco Co [1957]
What happened in Kelson v Imperial Tobacco CO [1957]?
advertising sign installed that projected a few inches into airspace above Kelson’s property, court held this was trespass as a landowner’s rights extend to airspace above their land at least to a height necessary for ordinary use and enjoyment
