4.2 Torts Affecting Land

2026 Syllabus Objectives

By the end of this topic, you should be able to:

  • 4.2.1 Occupiers' Liability — Explain the duty owed to lawful visitors under the Occupiers' Liability Act 1957 (including special rules for children, tradespeople, and independent contractors, plus exclusion of liability and defences). Explain the duty owed to unlawful visitors under the Occupiers' Liability Act 1984 (including scope of duty, exclusion, and defences).
  • 4.2.2 Private Nuisance — Explain the nature of liability and who can sue/be sued. Understand what counts as "unreasonable interference" and the factors courts consider (locality, duration, sensitivity, malice). Know the defences of prescription and statutory authority.
  • 4.2.3 Rylands v Fletcher — Explain the nature of strict liability and its relationship to other land torts. State and apply the definition and conditions of liability.
  • 4.2.4 Trespass to Land — Explain the nature of trespass, including unlawful entry, intentional and direct interference, and continuing trespass.

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4.2.1 Occupiers' Liability

What is Occupiers' Liability?

Occupiers' liability is the legal responsibility of a person who controls a piece of land or a building (called the occupier) towards the people who come onto that land. The law wants to make sure that people are reasonably safe when they visit someone else's property.

There are two separate Acts of Parliament that govern this area — one for lawful visitors and one for unlawful visitors (trespassers).

Who is an Occupier?

An occupier is not necessarily the owner of the land. An occupier is anyone who has sufficient control over the premises. This means if you have enough control to be able to decide who comes and goes and to ensure safety, you are an occupier. There can be more than one occupier of the same land at the same time.

Example: A building contractor working on a site may be an occupier of that site even though they do not own it.

"Premises" includes not just buildings and land, but also things like vehicles, ships, and ladders — basically any fixed or moveable structure.

The Occupiers' Liability Act 1957 — Lawful Visitors

The Occupiers' Liability Act 1957 (OLA 1957) covers people who are lawful visitors — people who have permission (either express or implied) to be on the land.

A lawful visitor can include:

  • Someone who has been expressly invited (e.g. a guest at a party)
  • Someone who has implied permission (e.g. a postman delivering mail)
  • Someone who has a legal right to enter (e.g. a police officer with a warrant)
The Common Duty of Care (s.2(1) OLA 1957)

The occupier owes every lawful visitor a "common duty of care". This means the occupier must take reasonable care to make sure the visitor will be reasonably safe in using the premises for the purpose for which they were invited or permitted to be there.

It is important to note that the duty is to keep the visitor safe, not necessarily the premises themselves in perfect condition.

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