trespass land legal test

Question 1

elements of trespass to land

Answer 1

matchit
1. trespasser unjustified dircted interefrnace with land
- usuallu unauthorised entry
- vonlneary not acciental
2. plaintiff in possession of the land
- actual possession, doenst need to be lgal owner of the land

Question 2

remedies of trasopass to land

Answer 2

1. call poluce under trespass act for ongoing trespass
2. injuction forn court to prevent happneing again
3. monetary damsges usually nominal or compensatory damages
   - can be exempalry and aggravated damages for objectively wrongful or extreme trespasses and are punitive

Question 3

matchitt

Answer 3

eviction notice given to mrs matchitt, new orders rmoeve eneruything, eveition was not enforcable yet, this was trespass even though they thought they had a lawul right to be there

Question 4

star energy

Answer 4

se drileld into b land from side, crown owned and haven se rights to drill in it
trespass as b land extened to the subsurface
this is a prsumption but can be displaced fopr practial things like planes in airspace

Question 5

what if owner is not in possssion at the time of the trespass

Answer 5

• trespass by relation
• action for revoery of land
• damage to the reversion

Question 6

trespass by relation

Answer 6

if teh owner was out of possesion at the time of trespass but had an immediate right to possesion at the time an has since taken possesion tehy can sue

Question 7

• action for revoery of land

Answer 7

An owner with the right to immediate possession can apply to recover land if they have been dispossessed by a trespasser. In serious cases where the trespasser denies the owner’s possession, a possession order can be enforced by the police.

Question 8

• damage to the reversion

Answer 8

A reversioner, usually a landlord, is guaranteed to get the property back eventually but often lacks the right to immediate possession (R2IP). However, if a trespass causes permanent damage to the property’s value, the reversioner can sue for that loss.