Deck 18: Trepass to Land and Nuisance

Question 1

What do we mean when we use the term 'land torts' in the context of claims in trespass and private nuisance?

A) The torts require land to be damaged or destroyed in some way
B) The torts are (technically) about harm to land rather than to a person
C) The torts relate to disputes over the ownership of land

Answer 1

B

Question 2

To succeed in the tort of trespass, the interference with the land must be which of the following?
Please select all that apply.

A) Direct
B) Indirect
C) Intentional
D) Accidental
E) Negligent

Answer 2

A,C

Question 3

Which of these would be a trespass?

A) A postman going through a gate and walking onto someone's property to deliver mail
B) Branches from a neighbour's tree overhang into a homeowner's garden and make it difficult to access the shed
C) A man steps on a homeowner's land after being pushed by his wife
D) A woman leaves her bicycle against the wall of someone's house while she pops into the shop next door

Answer 3

D

Question 4

Trespass can occur in airspace above someone's land.

Question 5

A user of land can be liable in private nuisance for the creation of which of the following things?
Please select all that apply.

A) Unpleasant smells
B) Loud noise in the daytime
C) Loud noise at night time
D) Smoke
E) Vibrations
F) Dust

Question 6

Private nuisance is actionable without proof of damage.

Question 7

Which of the following factors are/can be taken into account when determining whether a defendant is an unreasonable user of land?
Please select all that apply.

A) How long the activity claimed for has been going on
B) The time of day or night the activity takes place
C) Whether the defendant intended to annoy the claimant
D) Whether the claimant is unusually affected by the activity, more so than others would be
E) Whether the claimant has tried to take steps to stop the defendant being a nuisance
F) Whether the defendant could have foreseen that the claimant would be affected
G) What the area the claimant's property is in is like

Question 8

In Hunter v Canary Wharf Ltd [1997], Lord Goff defined private nuisance as a tort 'directed against the plaintiff's enjoyment of his ??____ over _____'.

Question 9

Which Articles from the European Convention on Human Rights are most likely to be relevant to land torts claims?
Please select all that apply.

A) Article 1 of the First Protocol
B) Article 2
C) Article 3
D) Article 6
E) Article 8
F) Article 13
G) Article 14

Question 10

In Kennaway v Thompson [1981], Lawton LJ described when an injunction would be an appropriate remedy for private nuisance caused by noise. He said: 'Intervention by injunction is only justified when the irritating noise causes inconvenience ______ what other occupiers in the neighbourhood can be expected to bear'.

Question 11

Which concept did the case Network Rail Infrastructure Ltd v Morris (t/a Soundstar Studio) [2004] introduce/make more prominent in cases deciding whether a defendant was an unreasonable user, particularly with regard to potential sensitivity to the nuisance on the part of the claimant?

A) unreasonableness
B) foreseeability
C) reasonableness
D) carelessness
E) sensitivity

Question 12

Which of these are valid defences to claims in private nuisance?
Please select all that apply.

A) Planning permission
B) Contributory negligence
C) Prescription
D) The claimant moved to the nuisance
E) The defendant holds an environmental permit
F) Statutory authority
G) The utility value of the defendant's activity

Question 13

When can damages be awarded in claims for private nuisance?
Please select all that apply.

A) For damage to property
B) In lieu of an injunction
C) For personal injury
D) For a decrease in value of the property concerned
E) For lost enjoyment of the property concerned

Question 14

Public nuisance is primarily a crime but in some cases, can also lead to a civil action. In Attorney General v PYA Quarries Ltd [1957], Romer LJ defined public nuisance, saying:
'Any nuisance is 'public' which materially affects the reasonable comfort and convenience of life of ___ ______ of Her Majesty's subjects'.