Tort of trespass

Question 1

p

Answer 1

Alongside offences in POA, also civil remedies for trespassers

Question 2

Appleby v UK

Answer 2

No automatic right to protest on private property

Question 3

Trespass

Answer 3

Unlawful and unjustifiable intrusion onto someone else’s land

Question 4

Ellis v Loftus

Answer 4

Only needs to place “half of his foot” onto land to be trespasser

Question 5

has included

Answer 5

\privately owned woodland (drury) or university campus buildings (djemel)

Question 6

Requirements

Answer 6

Direct interference with land (land, buildings and dumping rubbish)
Voluntary interference; trespasser has no permission or has exceeded permission
Awareness of trespass by landowner
No harm or damage needed
Legal justifications = licence to enter, right of way, necessity, legal powers (police although permission must be genuine - entick)

Question 7

Airspace

Answer 7

For airscape, trespass can only happen to a heigh that is used for usual enjoyment of land (bernstein)