Trespass to land

Question 1

Definition of trespassing

Answer 1

An intentional direct incursion onto the land in possession of another.

Question 2

Requirements for trespassing

Answer 2

1 - Intention
2 - Direct incursion
3 - Possession of another

Question 3

First requirement, Intention

Answer 3

Intention of the direct incursion:

1 - Trespass to land is an intentional tort. However, intention for the act is required, not an intention
to trespass - League against cruel sports v Scott [1985]

2 - Lack of knowledge as to trespass will not be a defence - Conway v George Wimpey & Co.

Question 4

Second requirement, Direct incursion

Answer 4

Direct incursion does not have to be the person themselves. Can be any object at all, such as an extractor fan in Laiqat v Majid [2005], or Dogs - League against cruel sports v Scott [1985]

Question 5

Third requirement, Possession of another

Answer 5

Claimant has to have an interest in the land, such as owning, or paying dues for the use of the land (tenancy)

Question 6

Defences

Answer 6

1 - Licence / Legal justification
2 - Necessity

Question 7

Second defence, Necessity

Answer 7

Public necessity - Interests of the public are greater than that of the trespass; Esso petroleum v Southport Corporations - oil spill was necessary in order to save lives of crew.

Private necessity - Interests of the claimant are greater than that of the trespass; I.e. Breaking into claimants house to administer CPR.

Question 8

First defence, Licence / Legal justification

Answer 8

Licence given by the owner of the land, such as a party invite. Trespass Ab Intitio - When trespasser oversteps their original licence, voiding defence.

Legal justification - Police arrests / search etc, laid out in Police and Criminal evidence act

Question 9

Remedies + Explain

Answer 9

1 - Damages given for personal injuries (mental + physical)
2 - Mesne profit (profit made / saved by trespasser, i.e free renter)
3- Injunctions to prevent further trespasses