FARE 1040 Chapter Notes - Chapter All: Brubaker, Minimum Cut, Industrial Revolution
21 Apr 2016
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In the early days, trespass law helped people to combat straying livestock and seeping privies that damaged their property. In 1703 a trespass ruling was made: everyone must so use his own property, as not to do damage to another. And as every man is bound so to look to his cattle. As to keep them out of his neighbors ground, that so he may receive no damage; so he must keep in the filth of his privy, that it may not flow in upon and damnify his neighbor. Even trespasses that cause no damage are, under common law, unacceptable. In this century, people have adapted the law of trespass, using it to protect themselves or their land against encroachment by industry. 1976 alberta, supreme court ruled that fly ash and sawdust from a lumber company constitutes a trespass against a nearby motel. People have relied upon a branch of the common law called riparian law (lakes and rivers).
