ABSTRACT
This chapter will focus on the nature of the relationship between property law and modern tort
law. This is obviously an enormous topic and it is important, first of all, to establish a focus. I will
therefore concentrate on torts which specifically seek to protect interests in property or
which may be collectively termed ‘property torts’. As will be seen, I have chosen to confine my
study to torts which protect real property. While torts such as conversion and trespass to goods
protect personal property, these torts have a closer relationship with contract law and thus fall
outside this study.3 The courts have also traditionally drawn a distinction between property torts
and ‘personal’ torts such as negligence, defamation and trespass to the person, which protect rights
to self-determination, physical integrity and reputation.4 Whilst a claimant may sue under a
‘personal’ tort for harm to the person, logically only those with a right to property would be able
to sue under a ‘property’ tort.5 This position, re-affirmed recently by the House of Lords,6 may
lead on occasion to harsh results, but serves to preserve the historical connection between tort law
and rights in, or possession over, land.
