2. Situations Of Trepass Flashcards
Kelsen v Imperial Tobacco Co (1957)
Case: Held trespassed to erect sign in defendant’s property which projected over the claimant’s property. Defendant liable.
Principle: The general rule is that the landowner also owns the sky above and the subsoil beneath - so can be trespass.
Bernstein v Skyviews Ltd (1978)
Case: Held not to be trespass to fly an aircraft over land at such height that would not cause unreasonable interference with any use of land (near trespass to take photos of claimant’s property at reasonable height). Defendant not liable.
Principle: The general rule is that the landowner also owns the sky above and the subsoil beneath - so can be trespass.
Anchor Brewhouse Developments v Berkeley House (1987)
Case: Court held intrusion of the booms of cranes which swung over claimant’s property. Granted injunction.
Principle: The general rule is that the landowner also owns the sky above and the subsoil beneath - so can be trespass.
Bacardi Ltd v Star Energy Ltd (2010)
Case: Defendant had licence from Crown to exploit field - part of which lay beneath claimant’s land. Defendant did not have permission from claimant to drill wells.
£10m worth of oil been pumped by the time claimant found out.
Claimant seeking unlawful trespass amounting to 12.5% of value.
Principle: Common law states landowner owns everything up to the sky and down to the centre of the earth.
The general rule is that the landowner also owns the sky above and the subsoil beneath - so can be trespass.
British Waterways Board v Severn Trent Ltd (2001)
Case: Discharging water into flowing watercourse owned by another.
Principle: Trespass to place any chattel on the claimant’s land.
Laigat v Abdul Majid (2005)
Case: Defendants installed extractor fan that projected onto claimant’s garden at a height of 4.5 meters.
Defendant liable.
Principle: Interference with airspace above another’s land constituted as trespass except where interference was at certain height.
Trespass to place any chattel on the claimant’s land.
Harrison v Duke of Rutland (1893)
Case: Held that using public highways to obstruct shooting on adjacent private land is a trespass.
Principle: Everyone has right to ‘pass and re pass’ along the highway travelling from one place to another but can be trespass for acts that went beyond ordinary passage.
Hickman v Maisey
Case: Held that using highway to gain inside information on racehorses trials was trespass. Defendant liable.
Principle: Everyone has right to ‘pass and re pass’ along the highway travelling from one place to another but can be trespass for acts that went beyond ordinary passage.
DPP v Jones (1991)
Case: Relating to peaceful assembly on highways - relates to criminal trespassory assembly under Public Order Act and civil law issues.
Principle: Any reasonable use of highway not involving nuisance or obstruction was lawful and not trespass.
How can trespass to land be committed?
1) Trespass by wrongful entry
2) Trespass by remaining on land
3) Trespass by placing item on land
4) Trespass on the Highway
What is trespass by wrongful entry?
It includes crossing of boundary.
General rule is that land owner also owns the sky above the land and soil below it.
Kelsen v Imperial Tobacco
Bernstein v Skyviews Ltd
Anchor Brewhouse Development v Berkeley Homes
Barcardo v Star Energy
S76 Civil Aviation Act provides aircraft can fly over and not be trespass if a reasonable height from property.
Access to Neighbouring Land Act provides for landowner to apply to court for access order to adjoining land to complete works.
What is trespass remaining on land?
Trespass if person remains on land when right has been ceased.
If licence granted - a reasonable amount of time granted to the licence to go from the property and land.
If licence is contractual (buying a cinema ticket) - it is irreversible until purpose (that has been granted and paid for) has been archived - unless terms broken.
What is trespass by placing item on land?
If chatel is placed on claimant’s land - it is trespass and it will continue to be until it is removed.
Successive action will lie until it is removed.
British Waterways Board v Severn Trent Ltd
Laigat v Abdul Majid
What is trespass on the Highway?
Everyone has right to pass and re pass along Highway when travelling from one place to another.
Traditionally, owner of subsoil is the person who has right to claim in trespass on Highway for act that went beyond ordinary passage.
Harrison v Duke of Rutland
Hickman v Maisey
DPP v Jones
