Publication Type

Journal Article

Version

publishedVersion

Publication Date

1-2015

Abstract

Where an occupier of premises creates or causes a nuisance and affects his neighbour’s enjoyment of land, the neighbour may sue him under the tort of nuisance. Where the occupier is a tenant, the neighbour may also have recourse to the landlord. This area of law, however, has not been the subject of rigorous judicial analysis and appears to be still lacking in clarity, precision and sophistication. The position prior to the UKSC decision in Lawrence and another v Fen Tigers Ltd and others (No. 2),1 (“Lawrence”) as discerned by the authors of Markesinis & Deakin’s Tort Law2 is that, generally, it is the tenant who is liable and that, as exceptions, the landlord is liable where, inter alia:3

Discipline

Property Law and Real Estate

Research Areas

Corporate, Finance and Securities Law

Publication

Singapore Law Gazette

First Page

26

Last Page

51

ISSN

1019-942X

Publisher

LexisNexis Asia Pacific

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