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1 Found helpful • 35 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: 200012 - Property Law
Q1: Rights above and below land At the beginning, the land rights ‘rule was that “the person who owns land owns it from the heavens above to the centre of the earth below”. With the development of land rights, this rule had to change. The new rule was that “ “ What constitute trespass or nuisance? Trespass is an unlawful direct interference with the land. A person is a trespasser unless that person enters premises with the consent, express or implied, of the occupier. Plenty v Dillon [1991] Nuisance is an unlawful indirect interference with the use or enjoyment of land. Victoria Park Racing (1937) Exam approach Starting point 1. What constitute trespass? Define 2. Whether there has been transient intrusion? Define of transient intrusion 3. Permanent intrusions 4. Temporary intrusions 5. Minor intrusions 6. Where intrusions occur? o Ordinary use of the land – Bernstern of Leigh (Baron) v Skyviews and General o Possible use of the land not just actual use of the land - LJP Investments 7. Remedy for trespass o Injunction ( mandatory injunction) – Kelsen and LJP Investments o Damages ( why damages is more appropriate) – Shelfer and Jaggard o 1. Transient (fleeting) intrusions – short-lived intrusion into another person airspace is a trespass whether a contact with the surface is made or not. In Davis v Bennison he court held that “to fire a bullet across another’s land constitutes a trespass, regardless of whether the bullet touches the surface.
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