Wednesday, June 12, 2019
LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT Essay - 1
LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT - Essay ExampleThe paper, based on a case will explore applicable court-ordered 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 ar 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 evaluate responsibility and which attracts damages, institute rights, and obligations over use of land. The scope of trespass includes unlawful entry into a persons position, illegal stay within the property or interference with a persons 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 entering upon land, remaining upon land, or placing or projecting all object on the piece of land without legal vindication or authority from the ow ner of the land. Some of the elements that constitute trespass to land therefore include entry into the plaintiffs land or any other property in land such as house or office without consent or legal authority, continuing to remain in the property without justification, and performing an act that interferes with the plaintiffs possession and enjoyment of the piece of land. Throwing objects into a persons piece of land or use an accorded right of entry into a persons piece of land for any other reason apart from the grounds for which entry is granted in addition constitutes trespass to land. The core element of trespass to land, that also identifies it from other torts is its direct impacts on the plaintiffs rights. Based on the definition of land that includes the primers find, and the space above and below the ground, trespass can arise from interference of a persons right of enjoyment of resources on the surface of the piece of land, above the surface and below the surface (Har pwood, 2008, p. 232).Legal
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