| 单词 | Disturbance |
| 释义 | 干擾／騷擾／妨害 1. In real property law, an infringement of a right to an incorporeal hereditament that comes about when the owners are hindered in their regular and lawful enjoyment of it; for example, obstruction of an ancient light. Any disturbance of a way is unlawful which renders the way unfit for the purposes for which it was granted, to the injury of the person entitled to the way: Shoesmith v Byerley (1873) 28 LT 553. 2. In the law of compensation following the compulsory acquisition of land, the concept was created by the English judges in the nineteenth century to ensure that proper compensation was awarded to dispossessed owners: Fitzgerald v Firbank [1897] 2 Ch 96. It is not regarded as a separate head of compensation, but is relevant to the assessment of the amount that will compensate a former owner for the loss of his or her land. It is any additional amount, over and above the amount that any prudent purchaser would find it worthwhile to pay for the land, which a prudent purchaser, in the position of the owner, that is with a business such as the owner’s already established on the land, would find it worthwhile to pay rather than fail to obtain the land. The term ‘loss attributable to disturbance’ means legal costs, valuation fees, stamp duty in connection with the purchase of land for relocation, financial costs in connection with relocation, the discharge of mortgage and the execution of a new mortgage resulting from the relocation, and losses reasonably incurred by the dispossessed owner, as a direct and natural consequence of the acquisition. See also Compensation; Compulsory acquisition of shares. 1.就土地財產而言，指在有關擁有人的正常及合法的土地享有權受阻礙時，即產生對無體可繼承產權利的侵犯，例如防礙採光權。凡令致有關的通道不適宜用作所授予的用途，使享有通道權的人受傷害，則任何此等對有關通道的干擾屬非法：Shoesmith v Byerley (1873) 28 LT 553。 2. 就因強制徵用土地而引起的補償的法律而言，十九世紀時的英國法官設定干擾的概念，目的是為確保被剝奪土地管有權的擁有人獲得適當的補償：Fitzgerald v Firbank [1897] 2 Ch 96。干擾不被視為各別項目的補償，而是與就先前擁有人的土地損失而會補償予該人的評核款額有關。補償指任何超逾審慎的買方會認為是值得為有關土地而支付的額外款項；即審慎的買方處於擁有人的地位而言（假設買方猶如擁有有關擁有人在該土地上已確立的業務一樣），會認為比較不獲取有關土地而言，值得為取得該土地而付出的款額。「可歸咎於干擾的損失」指為遷移而買地所付的法律費用、估值費用和印花稅；就遷移付出的財政費用；因遷移而導致解除按揭及執行新的按揭；及作為徵用的直接及自然的後果，而使被剝奪土地擁有權的擁有人合理地招致的損失。另見 Compensation; Compulsory acquisition of shares。n. |
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