Escape of snails
Submitted by reaper on Mon, 24/05/2010 - 14:28
I live in the country. For some inexplicable reason my neighbour has embarked on a new enterprise and created a snail farm. I can only imagine he intends to export this "crop" to France where I believe snails are considered a delicacy.
Anyway one night last week it seems a fox invaded this "farm" and destroyed the shed in which the snails were kept. I now have an infestation of snails on my property. In particular they have eaten all my growing vegetables which I was going to exhibit at the three counties show next month. Thereafter I was going to sell them at the local market.
My hobby and livelihood have been ruined - ay least for this year.
What can I do?
As all first or second year
As all first or second year university students studying law will know the starting point for this type of claim would be to look at the rule in Rylands V Fletcher.
If your neighbour has allowed a nuisance to be caused on your land as a result of his neglience then you may well have an action against him. This may of course be difficult to prove.
Whether it is actually worth going to court is an entirely different question. You will need to be able to quantify your loss. How much would you have sold the vegetables for, how much will it cost to rectify any damage that the snails have caused?
The sensible approach may be to simply speak to your neighbour and ask him to make some payment to you to cover your losses.
If you were producing vegetables on a slightly more industrial scale then your losses may be greater in which case if may be worth pursuing an action against your neighbour.
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