Trespass To Land

Question 1

Trespass to land - key recent case

Answer 1

Mayor of London v hall and ors 2010 - protestors in parliament square trespassing outweighed rights to protest

Question 2

Trespass to land - definition

Answer 2

From salmond and Heuston on law of torts

1) entering upon land in possession of the claimant
2) or remaining upon such land
3) or placing. Or projecting any object upon it without lawful justification

Question 3

Trespass to land - 4,further factors

Answer 3

Actions must be direct and intentional
Trespass can be committed innocently
C need not suffer damage
Function to protect rights. In property

Question 4

Types of trespass to land

Answer 4

Land and subsoil - most common / different people can own land as opposed to subsoil beneath - Bocardo v star energy 2010 - land drill
Airspace - Bernstein v skyviews and general ltd 1977 - airspace is owned to such a height as is necessary for the ordinary use and enjoyment of the land or structures on it

Question 5

Trespass to land - who can sue

Answer 5

Only a person with exclusive possession of the land
Tenant , owner occupier

Can’t sue -‘landlord unless permanent damage being done

Question 6

Trespass to land - defences

Answer 6

Only if you have no justification do you commit offence they may be:
Permission to be there - licence express or implied (guest)
Permission by law - police through ace 1984 , gas and electricity suppliers, bailiffs

Question 7

Trespass to land - remedies

Answer 7

Usually damages or injunction

Malik v fassenfelt 2013 - squatters kicked out

Question 8

Trespass to land - prop question structure

Answer 8

Definition 
Has d entered land directly and intentionally
Can c sue - exclusive possession 
Defence 
Remedies