Tort - Trespass To Land Flashcards
Southport v Esso Petroleum
Oil tanker
Discharge of oil was not a direct interference - oil was carried onto land by means of nature
Stone v Smith
Thrown onto land
In trespass, entry onto land must be voluntary
> being forcibly carried onto land is not trespass
Conway w George Wimpey
Larry drivers giving lifts
An innocent trespass is still a trespass
> a person could be liable even if he is mistaken about ownership and his rights to the land
Bernstein v Skyviews
Aerial house photograph
No trespass as C does not have unlimited airspace but only the right to the airspace necessary for ordinary use and enjoyment of land
Star Energy v Bocardo
Drilling oil wells
‘The owner of the surface is the owner of the strata beneath it’
> changed by the Infrastructure Act 2015 - 300m+ can be used to exploit minerals
