Trespass to land and Private Nuisance

Question 1

What are the features of Trespass to land?

Answer 1

• Intentional or negligent
• Actionable per se

Question 2

What is continuing trespass?

Answer 2

• Failure to leave person, or object which remains on land

Question 3

What is the fundamental purpose of trespass to land?

Answer 3

• Protects possession, not ownership

Question 4

What are the 2 types of licenses?

Answer 4

Express = Talkactive –> e.g. Invite neighbour to cup of tea
Implied = By law or fact

Question 5

What is considered as ‘reasonable time?’ for a license to be revoked?

Answer 5

• enough time for person to withdraw from land and take belongings they had brought

Question 6

What is Private Nuisance?

Answer 6

Interference w plaintiff’s use and enjoyment of their land

Question 7

What doesn’t constitute as Nuisance?

Answer 7

• Person complains of an unreasonable interference w their use and enjoyment of land based on another person able to SEE them on their property

Question 8

What are the types of Nuisance?

Answer 8

1. Material damage e.g. pipe breaks and so leakage into other house
2. Discomfort or damage to sensibilities e.g. bad smell, loud music