Property - Servitudes (Whitlow)

What is the difference between trespass to land and nuisance?

• Trespass is a direct interference with land, actionable per se, whereas nuisance is indirect interference with the use and enjoyment of land, actionable upon proof of damage.

• Trespass is a direct interference with land, whereas nuisance is indirect interference with the use and enjoyment of land, both require proof of damage.

• Trespass is a direct interference with land, whereas nuisance is indirect interference with the use and enjoyment of land, both are actionable per se (without proof of damage).

• Trespass is an indirect interference with land, actionable per se, whereas nuisance is direct interference with the use and enjoyment of land, actionable upon proof of damage.

Raymond owns a house which is covered in climbing plants. Ivy grows across the boundary from Raymond's roof on to Amy's property next door, it grows over Amy's roof and blocks the guttering causing water to overflow and cause damage to the upstairs rooms of her house. Raymond also has a compost heap, which he adds smelly pig manure to, the smell wafts across the garden to Amy's property. Can Amy bring a successful claim against Raymond and on what basis?

• No, Amy cannot bring a successful nuisance claim here as Raymond has taken reasonable care and it is not a substantial interference with Amy's reasonable enjoyment of her property.

• Amy can bring a claim in relation to the physical water damage nuisance, but the smells are not sufficiently interfering with her enjoyment of the property.

• Amy can bring a claim in relation to the physical water damage nuisance and the smells interfering with her enjoyment of her property.

• Amy can bring a claim in relation to the physical water damage nuisance and the smells interfering with her enjoyment of her property, but they will be subject to a defence of contributory negligence.

Rosa creates delicate embroideries on reclaimed ancient linen handkerchiefs from a warehouse. The handkerchiefs need to be kept at a constant temperature and away from strong smells, to avoid damage. Jake works in the warehouse above Rosa's and fires pottery in a kiln. This caused his warehouse to be significantly hotter than normal, and whilst this would not have been a problem to other users of the warehouses, caused damage to Rosa's fine linen handkerchiefs. Can Rosa successfully bring a claim in nuisance?

• Yes, because there is material damage caused to property.

• No, because Rosa has chosen to undertake a very sensitive activity, and must therefore bear the risk that people may interfere with it.

• No, because Jake's use is reasonable which provides him with a defence.

• No, because other ordinary neighbours would not have been affected, and her work was particularly sensitive

The person with the right to use the easement is called the:

True or False: An easement can be either affirmative or negative

• True

• False

SELECT THE CORRECT SERVITUDES

A servitude, or a right or obligation that "runs with the land " or that it automatically passes to subsequent or possessors of the land

• Affirmative = Easements

• Affirmative = Covenants

• Negative = Covenants

• Negative =

  Easements

This term refer to the property that is subect to an easement and benefits another parcel of land

True or false : If the benefit runs with a particular parcel of land, rather than a person, then the easement is in gross

• True

• False

Which is NOT one of the four main ways easements are created without being described in a writing.

• Prescriptive easements

• Easements by estoppel

• Easements by misrepresentation

• Easements implied by prior use

• Easement by necessity

(Select all that apply)

When a party has the right to enter the land, but also has the right to remove things from the property, this party most likely has a:

• An easement

• A license

• A profit

• A title