Does the professional surveryor owe a duty

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Reference no: EM133578289

TORTS QUESTION (please guide with relevant case law)

- concerns encroachment onto neighbour's land (person A's house was built around 1m over the boundary line onto person B's property).

There seems to be an obvious trespass to land here, is there also a tort of private nuisance I need to address? Could it be argued that the encroachment can amount to private nuisance? We do not know more information than there being an encroachment.

If person B was the owner of the house but lived overseas and had been renting to another person. Do they have title to sue? What about when person B then moves back in?

If person A had built over their property boundary by relying on an incorrect survey of the property. Does the professional surveryor owe a duty of care in negligence? How do I establish this and does the surveyor have proportionate liability for the damages?

If you can provide an indication on when and how we can show proportionate liability applies that will be very helpful.

Reference no: EM133578289

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