Trespassers unforgiven
Article Abstract:
The UK Occupiers Liability Act 1984 made occupiers responsible for the safety of trespassers on their land. Occupiers should protect trespassers from dangers on their land if they know trespassers are likely to be on the property and if they know of a danger which they could prevent. Three cases heard in the English courts found occupiers were not responsible for claimants who had been hurt on their property.In all the cases the judges decided the accidents were the fault of the claimants who were taking part in dangerous activities unknown to the occupiers.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
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Trespass at your peril
Article Abstract:
English law has always strongly protected the interests of landowners. One example which highlights this bias is the situation in which a building causes trespass. Courts will almost always order demolition rather than agree to a damage settlement as such a settlement would represent compulsory purchase. A review of cases from the 1990s illustrates the use of this principle and shows how even the smallest encroachment on someone else's land will usually be viewed as trespass.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
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