trespass to land

Question 1

definition

Answer 1

the unjustifiable interference with land which is in the immediate and exclusive possession of another

Question 2

what are the four essential elements

Answer 2

1. direct interference with the land
2. interference must be voluntary
3. no need for the defendant to be aware they are trespassing
4. no need for the claimant to suffer harm or loss

Question 3

case for direct interference

Answer 3

southport corporation v esso petroleum

Question 4

case for voluntary interference with the land

Answer 4

Stone v Smith - person was forcibly taken onto land and so no liability for trespass

Question 5

case for awareness of trespassing not needed

Answer 5

conway v george wimpey & co ltd - can be liable even if they mistake the true ownership of the premises

Question 6

can mistake be used as a defence for trespass

Answer 6

no, innocent trespass is still trespass

Question 7

explanation for no need for the claimant to suffer a loss

Answer 7

trespass to land is actionable per se meaning “in itself”

Question 8

rules for trespass above and below land?

Answer 8

“who owns the land owns from heavens and down to hell” originally although now restricted by precedent and statute
star energy weald basin limited v bocardo SA

Question 9

case for trespass in airspace

Answer 9

berstein v skyviews and general ltd - claimant did not have unlimited right to all airspace above their land only that necessary for the ordinary use and enjoyment of the land

Question 10

defences for trespass to land

Answer 10

legal authority - justification by law
volenti - consent
necessity - (emergency sevices etc)

Question 11

what are the remedies for trespass over land

Answer 11

damages - pecuniary and non pecuniary
injunctions - mandatory and prohibitory
self help - abatement
orders for possession - (leave the land by a certain date)

Question 12

case for consent

Answer 12

wood v leadbitter