- Trespass to Land

Question 1

What can trespass to land be defined as ?

Answer 1

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

Question 2

What are the four essential elements that are needed for a trespass to be established ?

Answer 2

• Direct interference with the land
• A voluntary interference
• No need for the defendant to be aware that they are trespassing
• There is no need for the claimant to experience harm or loss

Question 3

What case can be used to show a direct interference with the land ?

Answer 3

• Southport corporation v esso petroleum- ds were not liable because it was not a direct interference with the land

Question 4

What case can be used to show a direct interference with the land ?

Answer 4

• Southport corporation v esso petroleum- ds were not liable because it was not a direct interference with the land

Question 5

What is a case that can establish that an interference must be voluntary ?

Answer 5

-STONE V SMITH - held that a person who was thrown or carried onto the land was not a trespasser

Question 6

What is the case that establishes that the D does not need to be aware that they are trespassing ?

Answer 6

Conway v george wimpey and co- this case shows that a person can be a trespasser even if they don’t know they are trespassing ?

Question 7

What latin word needs to be used when explaining that there is no need for the claimant to experience harm or loss ?

Answer 7

Per Se - in itself - which means that a person doesn’t need to have caused a harm or loss

Question 8

What is meant by trespass below or above land ?

Answer 8

• This is a common law principle from 1766 that says “ who owns the land owns the heavens and down to hell” this has been modified by
• Bernstein v skyviews and general ltd , there was no tresspass
• Star energy weald basin ltd v bocardo sa - the case for below land which states .. - the d was liable

Question 9

What is controversial about the law on below land ?

Answer 9

the controversy is that if there are any important minerals found such as gold , dimond , oil there is a legislation that suggests that then a company can go below the land to get it out without there being a trespass .

eg the infrastructure act 2015 s.43 - this allows minerals on peoples land to be exploited for any purposes including fracking etc

Question 10

what case should be used when describing the law above the land ?

Answer 10

• BERNSTEIN V SKYVIEWS AND GENERAL LTD - is =the case on airspace . whether a defendant is classed as a trespasser or not depends on the how high the d is going and if it affects the enjoyment of the claiment

Question 11

what is meant by Trespass AB initio ?

Answer 11

• AB initio is latin for from the beginning . this is a form of trespass that occurs when a person enters the land with permission from the law rather than from a person themselves and then abuses this authority

Question 12

What are some legal authorities defences for the law on trespass ?

Answer 12

• The countryside and rights of way act 2000, - e public have certain rights of access to land, provided that they comply with certain restrictions
• the Police and Criminal Evidence Act 1984. - is Act of Parliament gives the Police certain rights to enter land and make arrests or search premises
• Rights of Way. The Common Law establishes rights of way. They are recorded on maps published by a local authority
• Common Land. This refers to land which, although it belongs to someone else, certain people have rights of access for a particular purpose – e.g. to cut peat, or to graze livestock

Question 13

What are some defences of consent ?

Answer 13

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