Trespass Case

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Introduction
I have been asked to advise Jim, Tom and Mary as to what possible remedies they have in their current dilemma with the private school that their properties adjoin to. I will be addressing the law of trespass and the law of nuisance in my opinion to them.

Trespassing
‘A trespass is an unjustified, direct interference with land in the possession of another and is actionable per se without proof of actual damage. ’ In the case Browns v Dunsmuir, it explains that “trespass to land occurs when a person without justification causes anything to enter upon land which is in the possession of another. The tort is actionable without proof of loss.”

1. Have the people that parked their cars on and walked through Jim, Tom and Mary’s …show more content…

These lights have direct interference with the land as they are in the airspace. Erecting a permanent structure that overhangs the plantiffs land constitutes trespass. In Kelsen v Imperial Tobacco Company, an advertising board projected eight inches into the plaintiff’s property, there was a madatory injuction and the sign owner had to remove it as the court held that any structure that overhangs into a neighbouring airspace constitutes trespass. It was also considered trespass even though there was no harm or nuisance in it being there. This would be the best option for the three property owners, to apply for a mandatory injunction. As for Jim and the light and wires that are actually on his land, this is called an encroachment. The best thing to do in this situation is to talk with the school and see wether it can be removed properly or if that will be too costly for them they could also provide damages to Jim, and compensate him for the part of the land that they are using and he no longer has access …show more content…

The injunction was that Mr Greenwood had to install blinds in the offices instead of removing his $20,000 glass veranda. I think that the courts would find that Jim, Tom and Mary also have a claim in nuisance however the outcome might be slightly more difficult. This is because they all most likely already have blinds or curtains in both their living rooms and their bedrooms. So another remedy would have to be thought of in order to solve this problem, as the school needs the floodlights on the fields to keep the children safe and to make trainings possible.

3. Does the litter being dropped on their properties constitute private nuisance?
The question that is to be asked here is whether or not rubbish being dropped on the properties, causes harm or damage, which it needs to, to be able to equate to nuisance. In Toms case, his elderly parents find the litter distressing, but I think the courts would find that the overall damage and harm done is not enough. There is also no way to tell whether the students have dropped it or whether the wind has simply blown it onto their properties.

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