18. Torts

Abstract

This chapter discusses two torts relevant to the operation of rights in land: trespass and nuisance. Trespass to land is the unlawful interference with or incursion on another's possession of land. It is not a tort which protects ownership; its operation is relative. Thus, a trespasser can themselves sue a subsequent trespasser on the basis of this tort, if the first trespasser has gone into possession of the land. Trespass in this sense is a tort against possession of land. Unlike trespass, however, the law relating to nuisance is complex and even incoherent. In its absolute basic terms, nuisance is the tort of interference with another's reasonable use or enjoyment of their land, usually as a result of an unreasonable use of neighbouring land. The chapter then assesses the relationship between these torts and rights in land. It also explores the remedies which are available in response to such tortious actions.