AFM231 Chapter Notes - Chapter 12: Indictable Offence, False Imprisonment, Situation Two
19 Jun 2017
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The liability that occupiers have to anyone who enters onto their land or property. Someone who has control over land or buildings on that land, can be o leaser/ have temporary control over it, possible to have more than 1 occupier o. Treat the problems like a negligence problem, go through 4 steps. Occupiers responsibility to people who are on their property. Nuisance: any activity on an occupier"s property that unreasonably and substantially interferes with the neighbour"s rights to enjoyment of the neighbour"s own property. Noise complaints, weird smells, you do something on your property that o disturbs your neighbours on their property o. Focus is for people to enjoy their land uninterrupted by neighbors. Typically does not apply if interference is temporary o. In nuisance actions, courts will consider trade-offs in public interest o nuisance will fail. Balancing: tries to balance the rights of both owners, and competing land.
