Introduction To Property Law Essay Example | Topics and Well Written Essays - 4500 words

Introduction To Property Law - Essay Example If there is a physical entry on the land of another, the case is a potential trespass. However cases involving fumes, smoke, light or other non-trespassory conducted are governed by nuisance principles (29.02) (b) To what extent, if at all, do occupiers need to protect trespassers from danger? Basically it states that an occupier of land who brings onto it anything likely to do damage if it escapes, and keep that thing on the land, will be liable for any damage caused by an escape (3.0). (c) Explain the various methods by which an easement may be acquired. The law recognizes five basic categories of affirmative easements: (1) express easements; (2) easements implied from prior existing use; (3) easements by necessity; (4) prescriptive easements; and (5) irrevocable licenses or â€Å"easements by estoppels.† Certain negative easements are also recognized (32.01). (d) What is the significance of the DEED in land law transactions? Give examples of situations where it is required. The deed is the basic document used to transfer an estate or other interest in land during the owner’s lifetime. One who transfers title by deed is a grantor; one who receives title is a grantee. The general warranty is a type of deed. It contains six specific covenants of title that warrant against any defect in the grantor’s title. ... Above the kiosk is a sign which reads, ‘THE FOXSHIRE ESTATE DOES NOT ACCEPT ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED ON THESE PREMISES.’ Recently, the following incidents have occurred. Answer the question which follows each incident. All parts carry equal marks. (i) Adam, a boy of 14, visited the estate with his parents. Adam’s parents left him to explore on his own while they went for a coffee in the cafe. Adam decided to climb one of the very old and large cedar trees. A rotten branch broke under his weight and he fell to the ground and broke his arm. The Foxshire Trust had recently hired Lopitoff Ltd, a firm of professional tree surgeons, to remove any ‘dangerous branches.’ They had failed to spot that the branch in question was rotten. Could Adam sue Foxshire Trust for the injury he has sustained? Yes. Liability as in the rule in Rylands v Fletcher Case. The rule states an occupier of land who brings onto it anything likely to do damage if it e scapes (3.0) (ii) The estate gardeners frequently light large bonfires, on a patch of ground near the edge of the estate, to get rid of garden waste. Bettie, who owns a house in the nearby village of Foxhill, is fed up with the smoke which blows across and deposits smuts on her laundry on the washing line. Her daughter, Carol, claims that the smoke has exacerbated her asthma. A number of other villagers have complained about the smoke. What action, if any, could Bettie and Carol and the other villagers take against the Foxshire Trust? (iii) The Foxshire Trust is very committed to green causes and owns a small organic farm on the estate (Home Farm) and employs a farm manager to run it. Denise, a neighbouring