Trespass and nuisance

Question 1

Trespass to land requirements

Answer 1

Bocardo:
1) unjustified (no permission)
2) interference (boundary crossing)
3) to possession
4) of land

Question 2

What are the limits of land?

Answer 2

‘The person who owns the land owns everything reaching up to the very heavens and down to the depths of the earth’

Above the surface:
Bernstein: Necessary for the ordinary use and enjoyment of his land and the structures upon it

Below the surface:
Bocardo: situation with the oil drilling. Until depths would make it absurd to question who owns.

Question 3

What did Manchester Airport v Dutton say about possession?

Answer 3

Where a licensee is entitled to occupy and control land exclusively for a defined purpose, that can be enough for trespass — even if they don’t have a proprietary estate or lease.

Question 4

What did Vehicle Control Services v HMRC say about possession?

Answer 4

Narrowed Dutton. HoL case, said licenseses cannot claim trespass. Need factual possession + mental element (intent to exclude/control).

Question 5

Private nuisance requirements

Answer 5

title and priority
no need to show damage
actionable interference

Question 6

Williams v network rail

Answer 6

Nuisance doesn’t require actual physical damage or loss of amenity, if there is interference with the claimant’s ability to fully use or enjoy the land, such as reduced market value or enjoyment due to contamination.

Question 7

B&Q

Answer 7

Interference with economic use or access to land can be nuisance.

Question 8

Kingsgate

Answer 8

• Servient owner installed series of gates
• Gate no 1, needed to push button
  
  • Not actionable interference
• Gate no 3, marked end of farm land and beginning of house
  
  • Not actionable
• Gate no 2, third gate in 100 metres
  
  • Was an actionable interference
  • Annoying and unnecessary