ABSTRACT

This chapter discusses trespass to land, private nuisance and the tort in Rylands v Fletcher. It considers trespass to land and private nuisance. It explores the tort in Rylands v Fletcher. The chapter shows that a given set of facts might lead to overlapping torts. It also considers which of several overlapping torts might be the most suitable to govern the particular facts. The chapter shows how the law might be improved or developed. The defendant must interfere with another’s land directly. Stepping onto another’s land is a direct interference. Aaron and Betty commit intentional acts by deliberately breaking in and staging a sit-in protest. Their acts are a direct interference with the laboratories. Private nuisance is an unreasonable interference with the claimant’s land or its use or enjoyment. To sue in private nuisance, the claimant must have an interest in the land affected by the unreasonable interference.