Trespass to Land Flashcards
What are the elements of trespass to land?
- A direct and positive interference
- The inteference must be with ‘land’
- Interference with land in exclusive possession of the plaintiff
- Intentional act (not necessarily intent to trespass)
Elements that must be proven in a trespass to land case.
What case shows that even minor physical intrusion can be trespass?
Kelsen v Imperial Tobacco – A sign projecting 8 inches into airspace = trespass.
This case illustrates that even small encroachments can constitute trespass.
What case shows that trespass to airspace can apply to low-flying intrusions?
Kelsen v Imperial Tobacco – Plaintiff owns airspace to height necessary for reasonable use.
Establishes the rights of landowners over their airspace.
What case supports that underground entry can be trespass?
Bocardo SA v Star Energy – Drilling under land without permission = subsurface trespass.
Highlights the concept of subsurface rights.
What case distinguishes direct from indirect interference?
Esso Petroleum held that direct acts must have immediate consequence not consequential
Clarifies the difference between forms of interference.
What case shows that intent to trespass is not required, only intent to do the consequenting act?
Public Transport Commission v Perry – Falling during seizure = no voluntary act → no trespass.
Emphasizes the need for a voluntary act in trespass cases.
What case confirms that refusal to leave after licence is revoked = trespass?
Cowell v Rosehill Racecourse – Remaining on land after licence revoked = trespass.
Reinforces the concept of revocation of permission.
What case defines plaintiff’s exclusive possession?
Delaney v TP Smith Ltd held residency is not enough but must have lawful entitlement to possession like ownership or valid lease
Highlights the importance of exclusive possession in trespass claims.
What case supports that physical presence alone is sufficient interference?
Kuru v NSW – Remaining after consent withdrawn = interference.
Demonstrates that consent withdrawal can lead to trespass.
What case shows that exceeding scope of authority = trespass?
Barker v The Crown – Entry was lawful, but staying beyond scope = trespass.
Clarifies the limits of authority related to entry.
What case says there is no trespass if entry is involuntary?
Public Transport Commission v Perry – Involuntary fall onto land = no trespass.
Indicates that voluntary actions are essential for a trespass claim.
Is trespass actionable per se?
Yes. No damage is required to sue — the act of interference itself is enough.
Establishes that the act of trespass itself is sufficient for legal action.
What is the limit of one’s airspace?
Bernstein of Leigh (Baron) v Skyviews and General Ltd held “Above that height [needed for ordinary use], he has no greater rights than any other member of the public.”
What case sets out consent as a defence in FI?
Halliday v Nevill
What case sets out lawful authority as a defence in FI?
Kuru v State of New South Wales, need warrant to enter/remain on premise
What case sets out compensatory damages
Anning
What case sets out aggravated damages?
Ibbett
