Topic 6: Trespass to Land

Question 1

Is Trespass to Land actionable or not?

Answer 1

Yes; requires no damage

Question 2

What are the elements of the tort?

Answer 2

1. Land (with limits) 2. In immediate or exclusive possession of another 3. Direct interference 4. Intentional interference

Question 3

Limits to the element of land?

Answer 3

Airspace (Skyviews case), Depth (Star Energy Case)

Question 4

What is meant by immediate and exclusive possession of another?

Answer 4

Does not have to be ownership, just a right to exlude others (e.g. renting or parental homes)

Question 5

What is a direct interference?

Answer 5

Walking on land, sitting on wall, etc. (Something directly done to land) (Indirect is nuisance and is something like smells)

Question 6

What is meant by Intentional Interference?

Answer 6

Does not have to be intention to cause harm or trespass, JUST intention to make contact with the land

Question 7

What did the case of League against cruel sports v Scott [1986] decide? (Dogs case)

Answer 7

Failing to prevent a trespass from things you can control will still be considered a trespass

Question 8

What are the defences to Trespass to Land?

Answer 8

1. Licence or Consent 2. Lawful Authority 3. Necessity