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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.
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....
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...
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...
When is self-help available? Macnab v Richardson [2008] EWCA Civ 1631 The slightest encroachment on another-s land is a trespass (Ellis v Loftus Iron Company (1874) LR 10 CP 10, at page 12 per Lord Coleridge CJ). However, that does not mean that the court will...
Interference with easement Defences to claim - estoppel and laches Lester v Woodgate [2010] EWCA Civ 199 Summary The dominant owner can lose his right to complain of an actionable interference with an easement if an estoppel is made out. The estoppel can arise by...
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