Evaluation Tresspass to land

Question 1

Give one point on how the law on trespass has no place in modern law

Answer 1

Point 1 -The law on trespass is old and outdated with laws dating from the 17th century eg the common law principle that states “who owns the land owns the heavens owns the hells below” but due to trespass being modernise specifically on the law on below and above land as seen in the case of bernstive v skyviews that changed the law to minerals and oils being owed by the state there’s a suggestion that the law can adapt to changing times therefore has a place in modern law

Question 2

GIve a positive point on how the law on trespass belongs in modern law

Answer 2

Due to the law on trespass not needing the D to be aware that they are trespassing or the claimant to xperience harm or loss there is a suggestion that this area of law provides a strong detergent because it means that a claimant can still claim when there property is being interfered with suggesting that trespass is a just law that has a place in a justice system that has been described as liberal

• On the other hand - It could be argued that trespass is not fair or just because it doesn’t require intention just a direct interference that is voluntary which can be illustrated in the case of southport corporation v esso petroleum which indicates that this is harsh law