Trespass to Land Flashcards
Trespass to land
Intentional direct interference with the claimant’s possession of land. No need to prove tangible loss.
Who can sue? (Claimant)
Claimant must be in possession of land - have the right to immediately occupy and exclude others but they do not need to own land in question. E.g tenant, owner-occupier. Squatters have right of possession of the land
Who can be sued? (Defendant)
The person who trespasses
Types of trespass to land
1) Entering upon claimant’s land
2) Bringing anything in direct contact with the land
3) Damaging the land
4) Acting in excess of one’s permission to be on the claimant’s land
5) Defendant fails to leave when asked
What is land?
Includes surface of the land and any building on it, plants and sub-soil beneath it.
Requirements for tort of trespass to land - Direct interference
Requires the interference to flow almost immediately and without any intervention from the actions of the defendant. Damage to land must flow directly from defendant’s actions
Requirements for tort of trespass to land - Intentional interference
Definition of trespass requires an intentional act. Defendant does not need to know he is trespassing neither does he need to intend the consequences of his act in order to have the required intention for a trespass claim. Act must therefore be voluntary.
Causation and remoteness
Must show defendant’s tort caused the damage. Usual but for test and intervening acts apply.
Remoteness - governed by the direct consequences test - the defendant os liable for all direct consequences of his tort even those that are unforeseeable
Defences - Justification/Consent
2 circumstances in which you would be justified in entering someone else’s land:
1) If you had the owner’s permission to do so
2) If you were permitted by the law to do so
Defences - Necessity
2 situations in which a defence of necessity could justify treating an adult without consent:
1) An emergency situation where patient is unconscious
2) A state of affairs rendering the patient incapable of giving consent
Remedies - Order for possession
A claimant faced with a trespasser who is in occupation of the land e.g a squatter. This is an order which requires the defendant to leave and return the possession of the land to the claimant
Remedies - Injunction
A claimant who is subjected to continuing interference with his possession. Will prevent the trespass continuing in the future.
Remedies - Damages
A claimant can seek damages even where no tangible damage has been caused. - Actionable per se
Remedies - Claim in the courts
Where the trespass takes the form of dispossessing the person who is entitled to occupy the land - the person entitled to possession can bring a claim in the courts to recover the land
