Trespass to Land

Question 1

DPP v McMahon

Answer 1

• A person who enters a property legally or with consent may lose that entitlement if he subsequently abuses that right
• Police find illegal gambling in pub
• Make seizure
• Evidence was found to be unconstitutionally obtained
• Argument that police were trespassers
• No permission to enter
• As soon as they made seizure they were trespassers ab initio, therefore seen as trespassers from the start

Question 2

Webb v Ireland

Answer 2

• As soon as they started digging into the ground, they had gone past their permission and were trespassing

Question 3

Kelsen v Imperial Tobacco Co

Answer 3

• ‘To whom belongs the soil, his it is, even to heaven, and to the middle of the earth’

Question 4

Brannigan v Dublin Corp

Answer 4

• Unauthorised dumping of rubbish seen as trespass to land

Question 5

Lennon v Webb

Answer 5

• Growth of roots and branches was not seen as trespass
• No immediate and direct impact

Question 6

Petrie v Owners of SS Rostrevor

Answer 6

• Plaintiff planted oyster farm on the foreshore
• Belonged to state
• Ran his boat aground on the foreshore
• Asked permission of the state
• Then damaged the plaintiff’s oyster farm
• Owner sued for trespass
• Failed as the boat owner had asked the state (true owner) for permission
• Person in possession as long as he has a better right that the person trespassing