Land Torts

Question 1

League Against Cruel Sports v Scott [1985]

Answer 1

It does not matter that you did not deliberately trespass on someone else’s property, if you voluntarily took yourself there, you will have trespassed

Question 2

Laiqat v Majid [2005]

Answer 2

shows that entering the space above one’s land can amount to trespass.

Question 3

Anchor Brewhouse Developments Ltd v Berkley House (Docklands developments) Ltd [1987]

Answer 3

shows a less permanent case, where the arm of a crane swinging through airspace above property can also amount to trespass.

Question 4

Star Energy Weald Basin Ltd and another v Bocardo SA [2010] SC

Answer 4

drilling deep underground can still constitute a trespass to land - until it reaches being ‘so deep as to reach the point of absurdity’

Question 5

3 defences to trespass to land

Answer 5

1. permission
2. legal justification
3. necessity

Question 6

Esso Petroleum v Southport Corporation [1956]

Answer 6

shows an example of the necessity defence being used

Question 7

Southwark London Borough Council v Williams [1971]

Answer 7

shows the necessity defence is subjective - homelessness was not considered a necessity