Injury to land

When will a court grant an injunction or damages for injury to land? This question was considered by Stephen Bickford-Smith in a three-page article in the Solicitors’ Journal of 1 April. In regard to tortious interference with land not amounting to a trespass, such as a nuisance, the starting point is over 100 years ago, in Shelfer v City of London Electric Light Co [1895] 1 Ch 287, in which the Court of Appeal identified the circumstances where an injunction might be refused. These were: