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? No, this would constitute trespass. Although landowner does not have unlimited right to the airspace above their land (Bernstein v Skyviews), any overhanging another property could constitute trespass (Janney v Steller Works). A trespass will occur where there is a direct invasion of the airspace within heights necessary for the ordinary use and enjoyment of the land. Here, it is likely that overhanging at a height of 60m would also constitute trespass (Graham v KD Morris). In PCH Melbourne Pty Ltd v Break Fast Investments Pty Ltd [2007] VSC 87, metal cladding on a building projected by 60mm into the airspace of neighbouring land which was sufficient to constitute trespass. Here, the crane would overhang 10 meters over the driveway for 30 minutes each time the crane is loaded. 2. If not, who can restrain Cranecorp, how and why? The owner of the neighbouring house could bring an action in trespass against Cranecorp.
3. How could Cranecorp seek to legally protect their proposed activity? Cranecorp could obtain a licence from the neighbouring house owner