Nobody downloaded yet

LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT - Essay Example

Comments (0) Cite this document
Summary
Legal Frameworks in the built Environment Insert name (s) Course Legal Frameworks in the built Environment Introduction According to the British laws, home owners and real property holders are often entitled to enjoy their properties without any interference from neighbours such as irritating sound and noise, odours and other pollutions that may cross the boundaries into their property…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.9% of users find it useful
LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT
Read TextPreview

Extract of sample "LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT"

Download file to see previous pages In this regard, a private nuisance refers to the violation of another person’s quite enjoyment of his/her property while public nuisance is simply any interference with the safety, health, convenience and peace of the members of public. It is however worth noting that according to the British laws, an act of nuisance or trespass can only be dealt with through the civil legal routes such as suing the offending party and can not amount to prosecution. The UK statutes dealing with both private and public nuisances are require evidence of justifiable proof that the nuisances are unreasonable and are affecting the rights of either the private homeowners or the ordinary citizens to enjoy their privileges. This is because both offences are considered as civil offences rather than criminal offences. This paper uses the case of David’s Family and Harrington & Nephew limited to highlight the cases of private nuisance, public nuisance and trespass in their relationship as well as discuss the potential remedies and defences that both parties may have under the British laws. Private nuisance There are a number of events in the scenario between David’s Family and Harrington & Nephew limited (Factory) that may constitute private nuisances. For example various factory operations such as the movement of Wagons are causing unreasonable noise that is affecting David and his family to lose their sleep during the night. On the other hand, the death of Rose tree belonging to Mr. and Mrs. David is directly as a result of the dust coming from the Harrington & Nephew Limited factory premises. According to most of the UK statutes regarding the definitions of private nuisance, all these cases are considered private nuisances to David’s family because they have cause interference with their right to enjoy their property by invading their private lives with undesirable noise and dust. On the other hand, If David’s family decides to sue the factory belonging to Harrington & Nephew Limited for the private nuisance that their operations have caused to their family lives and property, the relevant local authorities handling the case will have to decide whether the interference by the factory operations have resulted in unreasonable damage to property. In this context, any evidence of physical damage such as the death of the Rose plant will make it easier to justify their case against the factory1. With regard to whether the factory operations have interfered with the rights of David’s family to quite enjoyment of their property, the claimant will be required to prove the cases of substantial and unreasonable interference with his family’s enjoyment. For example the fact that David and his family members are suffering from a continual loss of sleep due to the excessive noise from the factory can be used by the claimant to justify that the interference by the factory is unreasonable. The law will however balance between the right of the defendant (Harrington & Nephew Limited) to use their property and the right of David’s family (Claimant) not to be unreasonably inconvenienced. It is also worth noting that not all interference are considered to be nuisances according to the UK laws and sometimes individuals may be required to tolerate a given degree of ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT Essay”, n.d.)
LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT Essay. Retrieved from https://studentshare.org/law/1448285-legal-frameworks-in-the-built-environment
(LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT Essay)
LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT Essay. https://studentshare.org/law/1448285-legal-frameworks-in-the-built-environment.
“LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT Essay”, n.d. https://studentshare.org/law/1448285-legal-frameworks-in-the-built-environment.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT

Foundation Built Natural Environment

...Building and Planning Control Building Control is the process done by the local council to ensure that properties meet the set legal standards in building works. These regulations are in place to guarantee the durability and safety of every construction. Sometimes, these standards are modified from time to time. For example, generally, building standards are more lax in south England compared to north Scotland. This is due to the harshness of weather in the latter. On the other hand, Planning Control is the process done by the local council to decide whether a construction is acceptable. Aspects such as local preferences and needs, smell, sound, and sight are taken into account before any permission is granted (Glover,...
5 Pages(1250 words)Coursework

Built environment organisation and Process

...and needs of the customers in absolute totality as there is virtually no room for any adjustments or modifications once the basic framework is in place. Moreover, an successful architect is always known to leave no stone unturned in ensuring that none of the requirements are left open in an unclear or ambiguous way. As such, an architect sits at the top of the construction hierarchy when it comes to the extent of contact with the customer. There are many cases where the architect is also supposed to be well informed with the legal construction norms of the land (need to elaborate on this) as any kind of plan or design is likely to be influenced either directly or indirectly as a result of which it is...
8 Pages(2000 words)Essay

Fire & the Built Environment

...Running Head: FIRE AND THE BUILT ENVIRONMENT Fire and the Built Environment 341451 Fire and the Built Environment Introduction Background information Since the invention of fire, that is in the medieval era there has always been occurrences of fire accidents. Fire accidents are very common in every part of the world. Fire accidents are in some cases very devastating and horrible: they may lead to loss of life in small or big numbers or loss of property. Despite this, fire usage is universal and unavoidable at all circumstances; therefore the only remedy to its accidents is by controlling its hazards and creating awareness on...
10 Pages(2500 words)Essay

Legal Frameworks in the Built Environment : Nuisance and Tresspass

...Running Head: Legal Frameworks in the Built Environment Legal Frameworks in the Built Environment: Nuisance and Tresspass of the of the institution] Legal Frameworks in the Built Environment: Nuisance and Tresspass Negligence is a part οf that branch οf civil law known as tort law, in other words, negligence is the doing οf something which reasonable person would not do or the failure to do something that a reasonable person would do, which inadvertently inflicts harm (Moore,2005,p.20). Negligence can be defined as protection οf person,...
6 Pages(1500 words)Essay

Sustainability and built environment

...Running Head: Sustainability and Built Environment Sustainability and Built Environment [Institute’s Sustainability and BuiltEnvironment The paper deals with the discussion that the issue of global warming has emerged as global threat and a heated environment issue for a long time. Moreover, it throws light on all the major international collaborative efforts and summits trying to mitigate the impacts of global warming on mother earth. The paper also accounts the details regarding current progress and development in this regard and the problems for the world’s efforts in mitigating global warming. Global warming has appeared as a major threat to the...
8 Pages(2000 words)Essay

Fire & the Built Environment

...Running Head: FIRE AND THE BUILT ENVIRONMENT Fire and the Built Environment 341451 Fire and the Built Environment Abstract This paper studies fire accidents, their possible causes as well as the potential dangers the fire accidents poses. It explores some four incidents of fire explosions in Britain: England, Scotland, Wales and Northern Ireland. The paper looks at the possible causes of these accidents, how the fires spread, the situation of the buildings, if the building and their respective environment had any safety measures, what precaution measures the people involved undertook as well as the aftermath of the...
10 Pages(2500 words)Essay

LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT

...Legal framework in the built environment Introduction Coexistence of people in a society involves interactions that lead actions at personal levels or interpersonal initiatives. Such acts often lead to interference with other members of the society. Law, defined as a set of rules that governs relationship between members of a community therefore regulates behaviours of people for a peaceful coexistence. The rule of law defines rights and obligation of each member of the society and provides for penalties for breach of obligations. This paper seeks to discuss elements of trespass and nuisance under the law of tort. The paper, based on a case will explore applicable...
8 Pages(2000 words)Essay

Sustainability and Built Environment

...Sustainability and Built Environment On April 6th 2008, the Site Waste Management Plans Regulations 2008 were introduced in England in order to manage construction waste. Under the SWMPs regulations 2008, all construction projects in England spending more than £300,000 are legally required to have a SWMP while projects spending over £500,000 are legally required to have a highly detailed SWMP. The sites that require these SWMPs include maintenance, new build, and alteration or installation and removal of certain services such as water and sewerage (Ma 162). In order to write these SWMPs, constructors can access a SWMP template from the WRAP website, which was developed...
3 Pages(750 words)Assignment

Built Environment

...the conservation of the environment for the future. Waste materials should be disposed properly for example recycling of plastic bags instead of burning them in open air. We find that in the recent days climatic changes have been observed. Places which used to receive rainfall are now experiencing drought. This is due to poor environmental conservation practices like carelessly cutting down trees. If contractors are clearing an area for the purpose of construction, they should also think of environmental construction like planting more trees in neighborhood areas. References Elsevier B.V. International Journal of Sustainable Built Environment...
1 Pages(250 words)Article

The Built Environment

...The Built Environment affiliation Built environment refers to those manmade structures and places that are created purposely to serve humans. Normally people use these built environments on daily basis as well for as shelter (Berrigan & McKinno, 2008). For example, cities, schools, hospitals and roads are built environment whose main purpose is to serve people. Each of the built environments has a specific function and serves an isolated group of people. According to Berrigan et.al, 2008, it is important to consider the built environment...
1 Pages(250 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic LEGAL FRAMEWORKS IN THE BUILT ENVIRONMENT for FREE!

Contact Us