header-logo header-logo

Unwanted visitors: trespass & private nuisance

10 September 2021 / Mark Pawlowski
Issue: 7947 / Categories: Features , Criminal
printer mail-detail
56849
Are claims in trespass & nuisance mutually exclusive? Mark Pawlowski investigates intrusions which are more than meets the eye

Trespass and private nuisance are related concepts in the law of torts. The former involves an intentional and direct interference with the claimant’s exclusive possession of land. The latter is concerned with the indirect (or consequential) interference with the use and enjoyment of land. Traditionally, therefore, the two doctrines have been regarded as functionally distinct categories in tort law. But are these two doctrines, in fact, mutually exclusive? Can an intrusion onto land caused, for example, by toxic fumes or smoke, constitute both a nuisance and a trespass? There are several English cases which clearly establish that this is a nuisance, but can it also give rise to a trespass?

From a practical point of view, it may be important to characterise the relevant claim as lying within both doctrines, not least because a cause of action in nuisance alone will fail in the absence of proof of unreasonable interference and actual

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Suzie Fisher

Thomson Hayton Winkley—Suzie Fisher

Cumbria firm appoints long-serving lawyer as new managing director

Taylor Wessing—Kim Wedral

Taylor Wessing—Kim Wedral

Employment specialist joins Cambridge office as partner

Mewburn Ellis—Amy Crouch

Mewburn Ellis—Amy Crouch

Patent litigation offering boosted by partner appointment

NEWS
The Solicitors Regulation Authority (SRA) has published a statement in a bid to clear up confusion over the right to conduct litigation following Mazur and another v Charles Russell Speechleys
Homebuyers could be given an option to sign a binding contract with vendors to protect against the practice of parties pulling out of agreements after months of negotiations, under a proposed overhaul of conveyancing laws
A future Conservative government would abolish the Sentencing Council and Judicial Appointments Commission (JAC) and sack judges who defended migrants’ rights, shadow justice secretary Robert Jenrick has said
UK law firms have risen up an annual index of responsible business activity, while US firms have regressed amid President Trump’s diversity and equality crackdown
The right of the press to report on the criminal courts received a boost this week, following an update to the Criminal Procedure Rules
back-to-top-scroll