1. General Characteristics Flashcards
Conway v George Wimpey & Co Ltd (1951)
Case: Claimant contractor injured leg after getting a lift with defendant’s employee on a work bus. Lifts are forbidden.
Primary case is for VL however held that claimant was trespasser regardless of if he knew he was trespassing. Defendant not liable.
Principle: Most trespasses are intentional (defendant intended to be on land) - whether or not they knew whom the land belonged to.
League Against Cruel Sports v Scott (1986)
Case: The master of the hunt was liable for trespass of the hounds had been intentionally or negligently allowed to enter claimant’s land.
Principle: Some cases, unclear whether action is brought in negligence or trespass.
What is trespass to land?
All land in Britain belongs to someone.
If someone goes onto someone else’s land then they are trespassing - unless there is a right of way to public or a personal right (easement)
Trespass is a civil wrong however some forms covered in criminal law.
What characteristics do all forms of trespass share?
1) Trespass is actionable per sa
2) Trespass is committed by direct or immediate interference
3) Trespass is committed intentionally.
What is actionable per sa?
It means that claimant does not need to prove damages. This is different to negligence where claimant need to prove damages for claim to be successful.
Interference with land must be direct and tort actionable per sa.
This is important for landowners who want to stop persistent trespass.
In modern times, unlikely that claim for trespass to not also include damages.
What is direct and immediate interference?
Trespass is committed by a direct and immediate interference with the protected interest of the claimant in possession.
For example, walking across someone else’s land or placing a ladder in someone’s wall (Westripp v Baldock)
Trespass is actionable only by person in possession of the land.
For example, landlord cannot sue for trespass (as tenant in possession) unless they can prove actual harm has been made to property which damages value of interest.
What does commuted intentionally mean?
Most trespass to land is intentional - defendant intended to be on land.
This means that no defence can be used that defendant lost their way or thought they were on their land.
Conway v George Wimpey
If individuals presence is not voluntary such as if A and B picked up X and put them onto someone else’s land - A and B would be committing tort of trespass, not X
In cases of cars unintentionally going off the highway onto someone else’s land - claimant must prove negligence.
Sometimes, it is unclear whether action brought in negligence or trespass (League Against Cruel Sports v Scott)
Identifying who is trespassing is essential to decide whether claim arises under OLA 1957 or 1984.
