Rylands v Fletcher Transco plc v Stockport Metropolitan BC [2003] UKHL 61 Facts Without negligence on the part of the defendant water escaped from a cracked pipe serving a tower block on the defendant's land and seeped into the ground over a period of time. The amount...
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Nuisance and Trespass
In this section of the site you will find a number of matters relating to nuisance and trespass claims. For the details see the contents column on the left or the drop down menu above.
Occupation by licensee
Behaviour of occupier Liability of landlord Cocking v Eacott [2016] EWCA Civ 140 Summary A property owner was liable in nuisance to her neighbours even though she did not reside at the property. The nuisance had emanated from her daughter who lived at the property...
Damages – account of profits
This page refers to two cases that deal with a claim for an account of profits (sometimes known as "restitutionary damages") - one in trespass and the other in nuisance arising out of an interference with the right to light. In neither case was the claim successful....
Trespass
This page deals with trespass by livestock, overhanging cranes and trespassing pipes beneath the surface of the land. Livestock Bryant v Macklin [2005] EWCA Civ 762 Where cattle belonging to a neighbour had eaten the Claimants trees they did not have to make do with...
Defects in neighbouring property
Requirements for cause of action Birmingham Development Co Ltd v Tyler [2008] EWCA Civ 859 Summary In order to establish a claim in nuisance against a neighbour in respect of defects to his property it is necessary to show that there is a well founded fear that the...