TUTORIAL: INTRODUCTION TO LAND AND LAND LAW Question 1 Cranecorp is a private company which supplies cranes for high rise construction in Queensland. Business has been booming recently due to the nature of overseas investment in Brisbane city. In years to come the Brisbane skyline will look fantastic, but for now, it is in a period of transition. Cranecorp is called to a job at a commercial site in Brisbane's West End, an area close to the city and a thriving small business scene. There are many residential and commercial developments going up in West End. Cranecorp's general manager - Suzanne - meets with the builder on site. Suzanne is advised that that Cranecorp will need to have their 60 metre 'tower' crane in place by Friday at 9am as several steel beams need to be loaded onto site before foundational work begins on Monday. The crane work is likely to continue over the weekend. Suzanne surveys the area next to the site for the best possible spot to access the loading point. She decides that the only way to get access is by swinging the jib (or boom) of the crane (which is 20 metres long) over the neighbouring house. There would be an incursion of about 10 metres over the driveway each time the beams are loaded into place. There are 1200 steel beams (groups in lots of 20) to Suzanne is concerned about interference with the house. It will take about 30 minutes for each lot to be picked up and moved into place. Suzanne rings her office and immediately asks the in-house legal advisor for email advice about whether this is possible: "None of that legal mumbo-jumbo this time" she says "I want a clear and concise advice. Tell me what do I need to be aware of? I don't want to end up in Court!" 1. Does Cranecorp have a legal right to swing its crane boom over the neighbouring property? 2. If not, who can restrain Cranecorp, how and why? 3. How could Cranecorp seek to legally protect their proposed activity?
To whom it may concern, Suranne There are various statutes and isense of cave low that may impact on your situation Thin costespondente will now addrece the issues that you have raised in relation to the maties of she-crane ocechanging adjoining properties from -a-legal perspective! The jib of the czane overhanging the neighbouring property could potentially smount to.a common law trespass. Landowners have the right to reasonable me and enjoyment of their Ingd - this includes sirspace. Graham y KD Morris, Bernstein v Skyviewz. To determine what is reasonable, we would need to consider the height of the crane, the time of day and how long the trespass is occurring for. You are first to be advised that it is possible for the operation of the crane so as to overhang the neighbouring property to constitute a common law trespass. At common law it is said that a property owner owna "caius est