The Right to Exclude

Question 1

Through what action is the right to exclude enforceable?

Answer 1

Through the action of trespass

Question 2

What remedies are possible when someone violates private property?

Answer 2

Injunction (future trespass) and damages (past trespass)

Question 3

What is the right to exclude in relation with private property?

Answer 3

An individual is the subject of the property interest, so he is the one that has the right to exclude

Question 4

What is the right to exclude in relation with common property?

Answer 4

All individuals are the subject of the property interest so that no one can be excluded

Question 5

What is the right to exclude in relation with public property?

Answer 5

The land may be open to all but is still under the control of the crown who may take the right to exclude if necessary

Question 6

What is trepass?

Answer 6

The unauthorized physical entry into land or unauthorized physical interference with chattels

Question 7

Does someone who commits trespass has to have an intention to do so?

Answer 7

No. Intention is not an element: any non-privilege entry will give rise to claim.It is a strict liability tort.

Question 8

Is mistake a defense regarding trespass?

Answer 8

No

Question 9

Is accident a defense regarding trespass?

Answer 9

It may be

Question 10

If the person trespassing is on your land and won’t go away, what action do you use to kick this person out?

Answer 10

Ejectment