trespass to land

Question 1

what is trespass to land?

Answer 1

the unjustifiable interference with possession of the land
injury or harm committed must be direct
no proof of damage is needed

Question 2

what are the remedies to trespass to land?

Answer 2

damages

injunction

Question 3

what constitutes land?

Answer 3

what we commonly understand as land and also things under it, built on it and airspace above it

Question 4

who can sue?

Answer 4

only a person who has possession

possession refers to occupation, being in control of the land

Question 5

what must the act that constitutes trespass be?

Answer 5

intentional

involuntary trespass does not constitute trespass

Question 6

what are the four categories of physical interference?

Answer 6

wrongful entry/crossing a boundary
remaining on land
objects on land
extent of your possession, going beyond what is permitted

Question 7

what are the defences to trespass to land?

Answer 7

licence
justification by law
necessity

Question 8

how can licence be a defence?

Answer 8

• gives consent to acts that happen

- not a trespass when the defendant enters with the authority of a licence

Question 9

how can justification by law be a defence?

Answer 9

• these acts would be a trespass without justification by law
• police have powers to enter premises

Question 10

how can necessity be a defence?

Answer 10

was it necessary to enter the claimant’s land

Question 11

what are the remedies for trespass to land?

Answer 11

re - entry
ejectment
mesne profits
distress damage feasant
injunction
damages