Land law (protecting ownership + buying & selling land)

Question 1

trespass to land elements

Answer 1

1. Unlawful and unauthorized entry
2. Direct interference or intrusion with land in the possession of another
3. Intention (no damage needed)

Question 2

Trespass variants

Answer 2

• Continuing trespass (trespass and leaving something brought on)
  • Trespass by relation (time shifted trespass. First only have right to possession, later regain possession)
  • Trespass for permanent injury to the reversion (based on damage to present interests in a future reversion)
  • Action for recovery of land (have right to possession, but have not regained possession)

Question 3

possession of land

Answer 3

a. An intention to possess the land (to exclude all others)
b. Exercise control over the land to exclude others (eg keeping keys)

Question 4

airspace

Answer 4

Burstein = the ordinary usage of the land for enjoyment

Question 5

sub surface

Answer 5

Star energy = law taking Roman max seriously, but saying that the pipes got no where near as close in this case and therefore the pipes were on their proeprty and the plaintiffs DID have right to trespass claim.

Question 6

significance to possessors permission

Answer 6

De Richamount
- Applicant applied for s 128 order after failed negotiations with neighbour. Below court granted order on basis that it would not be harming anyone. On appeal, J Priestly said that it does nto matter what the purpose is, property rights are strong, to exclude others. The rights of a property owner on, above and below, are absolute.