Trespass To Land Flashcards
What is the definition of trespass to land?
Trespass to land is the unjustifiable interference with land which is in the immediate and exclusive possession of another.
What are the essential elements of a trespass to land?
- Direct interference with the land. 2. The interference must be voluntary. 3. No need for the defendant to be aware he/she is trespassing. 4. No need for the claimant to experience harm or loss.
What is required for there to be direct interference with the land?
Direct interference requires physical entry to the land, throwing something onto the land, or remaining on land after permission has been withdrawn.
Can trespass to land be innocent?
Yes, trespass can be innocent; a person can be liable for trespass even if they did not intend to trespass.
Is trespass actionable per se?
Yes, trespass to land is actionable per se, meaning that the claimant does not need to prove harm or loss.
What did Lord Hope state regarding land ownership?
He stated that the phrase ‘who owns the land, owns to the heavens and down to hell’ summarizes the principle of land ownership.
What was the significance of the case Southport Corporation v Esso Petroleum (1954)?
The court ruled that the discharge of oil was not direct trespass, as it was carried by the tide rather than directly onto the claimant’s land.
What does the case Conway v George Wimpey & Co (1951) demonstrate regarding awareness of trespassing?
It shows that a mistake regarding permission or ownership does not provide a defense against trespass.
What is trespass ab initio?
Trespass ab initio occurs when a person enters land with lawful authority but subsequently acts outside that authority.
What are the main defences to trespass to land?
- Legal authority or justification by law. 2. Consent (express or implied). 3. Necessity.
What does self-help in the context of trespass involve?
Self-help, or abatement, involves a landowner using reasonable force to remove a trespasser.
What recent statutory offences involve trespass?
Aggravated trespass under the Criminal Justice and Public Order Act 1994 and squatting in residential buildings under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
What is an injunction regarding trespass to land?
An injunction is a legal remedy that orders a person to stop a particular action, such as trespasing on land.
How does the Infrastructure Act 2015 impact deep-level land exploitation?
The Act allows exploitation of deep-level land (300 meters below the surface) for certain purposes without liability for trespass.
What was the court’s ruling in Bernstein v Skyviews and General Ltd (1977) regarding airspace?
The court ruled there was no trespass since the claimant did not have an unlimited right to all the airspace above his land.
What principle is invoked when discussing ownership of land and what is its controversy?
The principle that ownership includes above and below ground is controversial, especially regarding airspace and mineral rights.
In which case did the police’s abuse of authority lead to a trespass ab initio argument?
This is common in cases where police exceed their authority during searches, such as seizing goods beyond their warrant.
What did the case Rigby v Chief Constable of Northamptonshire demonstrate about necessity?
It showed that necessity can be a defense when public actions, such as police intervention, lead to trespass.
Can a person make a trespass claim if the defendant was given temporary permission to enter their land?
Yes, but if the permission is abused, such as by damaging property, a trespass claim may be valid.
How can landowners respond to overhanging branches from neighboring property that encroach upon their land?
Landowners can remove branches that overhang and intrude their space, provided they do not damage the neighbor’s property.
What is the significance of consent in trespass to land?
Consent, whether express or implied, can serve as a defense against claims of trespass, but it can also be withdrawn.
What is the statutory basis for aggravated trespass in the UK?
Aggravated trespass is established under Section 69 of the Criminal Justice and Public Order Act 1994.
What does due diligence by law enforcement typically require when dealing with trespass on private property?
Law enforcement must act within the bounds of their authority and cannot trespass themselves while enforcing the law.
How does public nuisance relate to trespass?
Public nuisance can overlap with trespass cases, especially if actions by one person affect the rights of the community.
