LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT Essay - 1

LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT - Essay Example The paper, based on a case will explore applicable legal principles and case laws with the aim of advising a party on its rights, liabilities, possible defences, and remedies based on the case. The rules of law that are applicable to the case involve principles that relates to both trespass and nuisance. The general definition of tort, as a wrongful act, in breach of an agreement or an expected responsibility and which attracts damages, institute rights, and obligations over use of land. The scope of trespass includes unlawful entry into a person’s property, illegal stay within the property or interference with a person’s rights to enjoy rights in his or her property. Trespass can relate either to land, person or property. The legal definition of trespass to land involves â€Å"entering upon land, remaining upon land, or placing or projecting any object† on the piece of land without legal justification or authority from the owner of the land. Some of the elements that constitute trespass to land therefore include entry into the plaintiff’s land or any other property in land such as house or office without consent or legal authority, continuing t o remain in the property without justification, and performing an act that interferes with the plaintiff’s possession and enjoyment of the piece of land. Throwing objects into a person’s piece of land or using an accorded right of entry into a person’s piece of land for any other reason apart from the grounds for which entry is granted also constitutes trespass to land. The core element of trespass to land, that also identifies it from other torts is its direct impacts on the plaintiff’s rights. Based on the definition of land that includes the earth’s surface, and the space above and below the ground, trespass can arise from interference of a person’s right of enjoyment of resources on the surface of the piece of land, above the surface and below the surface (Harpwood, 2008, p. 232). Legal