Tort - Trespass to Land

Question 1

What three things must the claimant show to establish trespass to land?

Answer 1

1- They have Locus Standi
2- D intentionally interfered with their land
3- Causation (actionable per se, but if damage occurred consider causation)

Question 2

Squatters can have locus standi

Answer 2

Delaney v TP Smith

Question 3

In what 4 ways can someone’s land be interfered with?

Answer 3

1- Entering onto land
2- Acting in excess of permission (Calgarth)
3- Bringing anything into direct contact with land
4- Damaging land

Question 4

Land includes land surface, buildings, plants subsoil and necessary airspace

Answer 4

Bocardo v Star Energy

Question 5

Land includes right to airspace to such height as is necessary for the ordinary use and enjoyment of the land

Answer 5

Bernstein v Skyviews

Question 6

Can claim against overhanging signs

Answer 6

Kelsen v Imperial Tobacco

Question 7

Can claim against cranes entering airspace

Answer 7

Anchor Brewhouse v Berkeley House

Question 8

Intentional - must be a voluntary act

Answer 8

Smith v Stone

Question 9

D need not know/ intend to trespass

Answer 9

Basely v Clarkson

Question 10

D is liable for all direct consequences of his actions, not just those which are foreseeable

Answer 10

Re Polemis

Question 11

What 3 remedies are available for trespass to land?

Answer 11

1- Damages (must have suffered tangible loss)
2- Injunction (control continuing acts of trespass)
3- Self Help