Report of an action of right for land which then half way through seems to become a report of a quite different action of trespass or of nuisance in which there is one relevant speech by NEEDHAM, J. If a man erect a building to the nuisance of my house I can remain on my land or in my house and demolish his building and I will without doubt be able to justify this; so in this case the defendant will not be punished for the demolition of the building or uprooting of the stakes, but as to the entry into his land the action is not brought for the entry etc. and so etc. But it seems to me that the entry is not allowable for if I lease land to someone for a term of years in which there is a mine of tin, iron or lead or coal and I enter and take the tin, iron etc, the termor ought not to punish me for this taking for he is not entitled to this tin etc. It is likewise for great trees. But for entry onto the land and trampling down of the earth he may punish me.
DANBY, C.J. It is doubtful whether if the law gives you the trees or the tin and you cannot take them without entering your entry is not lawful.
NEEDHAM, J. It is folly on the part of the lessor to make such a lease. . .
Citations:
[1469] [Co. Litt. 53b: (p)]
Jurisdiction:
England and Wales
Cited by:
Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 May 2022; Ref: scu.196987