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Tort Law

Tort Law (7th edn)

Kirsty Horsey and Erika Rackley
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date: 25 September 2022

p. 53718. Trespass to land and nuisancelocked

p. 53718. Trespass to land and nuisancelocked

  • Kirsty Horsey
  •  and Erika Rackley

Abstract

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, were clarified by the Supreme Court in Coventry v Lawrence [2014].

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