Torts Connected to Land

What Torts Connected to Land covers

The two torts protecting the use and enjoyment of land.

The 2 subtopics

Each one has its own page.

• Private nuisanceRecall questions on private nuisance: who can sue after Hunter v Canary Wharf and who can be sued, the types of nuisance, the factors deciding unreasonable interference such as locality, sensitivity, duration and malice, the defences and non-defences to nuisance, and damages, abatement and injunctions as nuisance remedies.Open →
• Rylands v FletcherRecall questions on the rule in Rylands v Fletcher: bringing something onto land, likelihood of mischief, non-natural use after Transco, escape and Read v Lyons, foreseeability in Cambridge Water, the defences of statutory authority, consent, default of the claimant, common benefit, act of God and act of a stranger, and Shelfer on damages in lieu of an injunction.Open →

What you need to know

Answer each one before you reveal it.

Take Torts Connected to Land further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• Private nuisance vs Public nuisance

  Private nuisance: an unlawful interference with a person's use or enjoyment of their land. Public nuisance: an act materially affecting the comfort of a class of people.

• Rylands v Fletcher vs Private nuisance

  Rylands v Fletcher: strict liability for the escape of a dangerous thing brought onto land in a non-natural use. Private nuisance: an unlawful interference with a person's use or enjoyment of their land.

• Non-natural use vs Escape

  Non-natural use: a use of land that is extraordinary and brings increased danger. Escape: the movement of the thing from land the defendant controls to land they do not.

Questions from this topic

Each one with the model answer underneath.

1. 1

   How is private nuisance defined as a tort?

   Model answer

   Private nuisance is a tort involving unlawful interference with a person's use or enjoyment of land, or some right over or in connection with it.

2. 2

   What type of interest must a claimant have in the affected land to bring a claim in private nuisance?

   Model answer

   The claimant must have a proprietary interest in the land, meaning ownership or exclusive possession.

3. 3

   What principle did Hunter v Canary Wharf establish regarding who can sue in private nuisance?

   Model answer

   It established that only those with proprietary interests can sue in private nuisance, excluding mere licensees and family members without such interests.

4. 4

   What principle did Sturges v Bridgman establish about locality in nuisance?

   Model answer

   It established that what constitutes a nuisance depends on the character of the locality.

5. 5

   How does the sensitivity of the claimant affect a private nuisance claim?

   Model answer

   Abnormal sensitivity of the claimant or their property will not make an otherwise reasonable activity into a nuisance.

6. 6

   What did Robinson v Kilvert decide about abnormal sensitivity in nuisance claims?

   Model answer

   Abnormal sensitivity of the claimant or their property will not make an otherwise reasonable activity into a nuisance.

What is inside Levo

Six ways to work the same material.

Torts Connected to Land revision questions

What does Torts Connected to Land cover in OCR A-Level Law?

2 subtopics: private nuisance and rylands v fletcher. Each one has its own page with questions and model answers.

How is Torts Connected to Land organised?

By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.