BUS-294 Lecture Notes - Lecture 20: Contract, Nuisance
20 Jun 2020
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Trespass to land is the direct interference with a person"s possession of land without lawful authority. It is actionable per se meaning no proof of damage is required. The interference must be direct eg: dumping rubbish, parked cars. Trespass to land may include trespass below or above the surface of the land if that area is in ordinary use. Unlawful interference with someones use or enjoyment of land. Only those with an interest in the land can sue. The law has to strike a balance between competing interests. The claimant has to prove the defendant has caused some damage. If physical damage is shown the claimant usually succeeds. If there is no physical damage the court must make a reasonable judgement. Hunter v canary wharf ltd (1997) tall building blocks cut mr hunters television signal, he tried to claim for nuisance but the claim for private nuisance failed.
