LAW203 Lecture Notes - Lecture 3: Incorporeality, Assize Of Novel Disseisin, Nuisance

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAW203
• Professor: Caitriona McCabe

Document Summary

Week 3 trespass to land and nuisance. Occurs when there is direct interference with property in the possession of the plaintiff, in an action for trespass to land the plaintiff must have a title to sue". Civil liability legislation will only apply to actions of trespass to land in the exceptional cases. Land includes the soil, subsoil and fixtures such as a house, factory, equipment (permanently attached), crops (before harvest) and airspace above the land. Title of the plaintiff, possession at the time of the trespass rather than ownership of the land is required to bring an action for trespass of land. Private nuisance arose out of the action on the case and protects a person"s right to the use and enjoyment of their land, it"s a tort concerned with property rights. Often a matter between neighbours, working or living side-by-side.