In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment.
Nuisance is a common law tort. It means something which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as,
"an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".
Rylands v Fletcher (1868) LR 3 HL 330 is a leading decision by the House of Lords which established a new area of English tort law. It established the rule that one's non-natural use of their land, which leads to another's land being damaged as a result of dangerous things emanating from the land, is strictly liable.
The Swansea Canal was a canal constructed by the Swansea Canal Navigation Company between 1794 and 1798, running for 16.5 miles (26.6 km) from Swansea to Hen Neuadd, Abercraf in South Wales. It was steeply graded, and 36 locks were needed to enable it to rise 373 feet (114 m) over its length. The main cargos were coal, iron and steel, and the enterprise was profitable.
Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), was a case in which the Supreme Court of the United States held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property.
Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), was a case in which the Supreme Court of the United States established the "total takings" test for evaluating whether a particular regulatory action constitutes a regulatory taking that requires compensation.
Keystone Bituminous Coal Ass'n v. DeBenedictis, 480 U.S. 470 (1987), is a United States Supreme Court case interpreting the Fifth Amendment's Takings Clause. In this case, the court upheld a Pennsylvania statute which limited coal mining causing damage to buildings, dwellings, and cemeteries through subsidence.
Sturges v Bridgman (1879) LR 11 Ch D 852 is a landmark case in nuisance decided by the Court of Appeal of England and Wales. It decides that what constitutes reasonable use of one's property depends on the character of the locality and that it is no defence that the plaintiff "came to the nuisance".
Re Ellenborough Park[1955] EWCA Civ 4 was an English land law case which reformulated the tests for an easement. It found an easement to use a communal garden to be a valid easement in law. There is no requirement for all of the houses to be immediately next to the garden to benefit from it.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
The Minnie Pit disaster was a coal mining accident that took place on 12 January 1918 in Halmer End, Staffordshire, in which 155 men and boys died. The disaster, which was caused by an explosion due to firedamp, is the worst ever recorded in the North Staffordshire Coalfield. An official investigation never established what caused the ignition of flammable gases in the pit.
Hunter v Canary Wharf Ltd [1997] UKHL 14 is an English tort law case on the subject of private nuisance. Several hundred claimants alleged that Canary Wharf Ltd, in constructing One Canada Square, had caused nuisance to them by impairing their television signal. The House of Lords held unanimously that such interference could not amount to an actionable nuisance; the nuisance was equivalent to loss of a view, or of a prospect, which had never previously been actionable.
Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a [claimant]'s land or his/her use or enjoyment of that land", and public nuisance, where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of His Majesty's subjects"; public nuisance is also a crime. Both torts have been present from the time of Henry III, being affected by a variety of philosophical shifts through the years which saw them become first looser and then far more stringent and less protecting of an individual's rights. Each tort requires the claimant to prove that the defendant's actions caused interference, which was unreasonable, and in some situations the intention of the defendant may also be taken into account. A significant difference is that private nuisance does not allow a claimant to claim for any personal injury suffered, while public nuisance does.
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms. All types are subject to general rules and constraints. As one of the formalities in English law express, express legal easements must be created by deed.
Marley Hill is a former colliery village about six miles to the south west of Gateshead, near the border between Tyne and Wear and County Durham. It has been part of the Metropolitan Borough of Gateshead since 1974. Prior to this it was part of Whickham Urban District. It lies within the Whickham South & Sunniside electoral ward of the Blaydon parliamentary constituency.
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, but is now mostly registered and sold on the real estate market. The modern law's sources derive from the old courts of common law and equity, and legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates priority over other people's claims, particularly if the land is sold on, the possessor goes insolvent, or when claiming various remedies, like specific performance, in court.
Wong v Beaumont Property Trust Ltd [1965] 1 QB 173 is an English land law case, concerning easements.
Kent v Kavanagh[2006] EWCA Civ 162 is an English land law case, concerning easements. It concerns physically shared amenities with physically divided ownership as to the land or surface on which they rest.
Green v Lord Somerleyton is an English land law and tort law case, concerning easements of surface water/ditch drainage and the tests for nuisance in English law. In this case there was no remedy for the flooding found to be natural and not recently exacerbated by the defendant. The court attached to the properties an old, 1921, easement of drainage passing both land holdings, in this case two common examples of lowland water engineering, dykes controlled against tides by one-way valves, mentioned in the properties' deeds and, duplicatively, established the right by prescription. The dykes lay in the claimant's own land who had failed to maintain them and failed to account for the flows caused by reduction of water extraction from the lake upstream. The claimant had failed to repair the pump and clear ditches on his own land which had been agreed between the previous owners to give channelled drainage from a lake above. It was for the claimant to recognise the danger posed by its waterline being raised in 1954 by the building up of a weir.
The Coal Mines Act 1911 amended and consolidated legislation in the United Kingdom related to collieries. A series of mine disasters in the 19th and early-20th centuries had led to commissions of enquiry and legislation to improve mining safety. The 1911 Act, sponsored by Winston Churchill, was passed by the Liberal government of H. H. Asquith. It built on earlier regulations and provided for many improvement to safety and other aspects of the coal mining industry. An important aspect was that mine owners were required to ensure there were mines rescue stations near each colliery with equipped and trained staff. Although amended several times, it was the main legislation governing coal mining for many years.