LLB240 Study Guide - Final Guide: Public Nuisance
TORTS INVOLVING LAND:
Rationale – protecting an individuals right to enjoy their land free from interference of
others
Trespass to land?
STANDING – trespass protects a persons POSSESSION of land (Newington)
Leaseholders are possessors for this purpose (Rodrigues)
ELEMENTS:
1. Intentional (or negligent) voluntary act
2. Which directly causes
3. Physical interference with a plaintiffs exclusive possession of land
a. Unauthorised entry onto land:
oAccess to the front door for lawful communication is allowed –
Halliday
oMust be contrary to known wishes – Plenty v Dillon:
Onus on D to show consent – open gates, lack of
signage
oConsent may be withdrawn – Cowell
Land extends to a height which ‘may interfere’ – LJP Investments
Nuisance?
Onus – any damage makes the onus favour P
Intention – D must have knowledge (objective) – Cartwright
Directness – may be direct or consequential
ELEMENTS:
Private nuisance: Public nuisance:
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Document Summary
Rationale protecting an individuals right to enjoy their land free from interference of others. Standing trespass protects a persons possession of land (newington) Intentional (or negligent) voluntary act: which directly causes, physical interference with a plaintiffs exclusive possession of land, unauthorised entry onto land, access to the front door for lawful communication is allowed . Halliday: must be contrary to known wishes plenty v dillon: Onus on d to show consent open gates, lack of signage: consent may be withdrawn cowell. Land extends to a height which may interfere" ljp investments. Onus any damage makes the onus favour p. Intention d must have knowledge (objective) cartwright. Public nuisance: d"s conduct causing a physical or intangible interference with property rights, causing serious and unreasonable interference, with p"s reasonable use of land. Objective standard (seidler) sensitiveness is irrelevant (onus) Hasely: d"s conduct causing a physical or intangible interference with property rights, causing serious and unreasonable interference, with p"s rights.
