Chapter 45-Trespass to Land

Question 1

What is trespass to land defined as

Answer 1

• The intentional and unlawful direct interference with land that belongs exclusively to another person

Question 2

Examples of trespass

Answer 2

• It can be temporary
• It can be committed by a person who digs or drills into someone else’s land

Question 3

What are the 4 elements of this tort

Answer 3

• Land
• Possession
• Direct interference
• Intention

Question 3

POSSESSION:

Answer 3

• Possession is the right to exclude others form the land, so that a claimant will include the owner, tenant or sub-tenant.
• The element of trespass will be fulfilled if there has been no permission given to the trespasser to be on the land or if they exceed their permission.

Question 3

LAND:

Answer 3

Land refers to the ground itself, anything attached to the land, anything below or above the ground

Question 4

DIRECT INTERFERENCE:

Answer 4

• Interference must be direct and physical, including entering the land and crossing the boundary.
• A person who goes beyond what is allowed may be liable
• Abuse of right of entry refers to when someone is allowed onto the land for a certain purpose and then does something unrelated to that purpose.
• Remaining on the land even when the permission has expired can amount to trespass.
• So is placing things on land

Question 5

INTENTION:

Answer 5

• The defendant must have intended to do an action that amounted to the trespass. They don’t have to commit a trespass, nor do they need to intend to cause problems for the claimant.

Question 6

Define a continuing trespass

Answer 6

• This will occur when a person fails to remove an object that has been unlawfully placed on the land.

Question 7

List the defences to trespass

Answer 7

• License: Where a person gives someone permission that is expressed or implied to be on their land, there is no trespass.
• Statutory authority: When the law provides justification for their trespass such as the Police and Criminal Evidence Act
• Jus tertii: This is when the defendant can show the land belongs to neither the person that is in possession of the land nor the person claiming the land, but to a third person
• Necessity

Question 8

Examples of remedies

Answer 8

• Damages
• Injunction
• Re-entry
• Ejectment
• Mesne profits
• Distress damage feasant