Trespass to Land

Question 1

Trespass to land - define

Answer 1

An unjustifiable interference with the possession of land - the interference can be minimal - for example, in theory, tossing a waste piece of paper onto C’s land would suffice.

Actionable per se , direct and intentional act.

It can be committed by entering land without permission, abusing permission or staying on land after permission has been revoked.

Question 2

Dutton v Manchester Airport (1999)

Answer 2

A remedy is only available to a person who is in possession of the land - this will extend to the owner and licensee whom has immediate right to possession

Question 3

League Against Cruel Sports v Scott (1986)

Answer 3

Intention and negligence on the part of the D will be enough for a tort to have been committed. High Court decision only.

Question 4

Kelsen v Imperial Tobacco Co (1957)

Answer 4

Land includes not just the surface, but also the sky above, and the subsoil below. so mining works, or airborne intrusions, unless permitted by law, will be considered trespass.

Question 5

Bernstein v Skyviews Ltd (1978)

Answer 5

If the intrusion is so high to be well above the usual airspace, no trespass of the land will occur.

Question 6

Torts (Interference with Goods ) Act 1977

Answer 6

Created a phrase ‘wrongful interference with goods’

Question 7

Trespass to goods - define

Answer 7

As an act by D which directly interferes with a chattel in the possession of C without lawful justification.

Actionable per se - must be direct, intentional act.

Question 8

Arthur v Anker (1996)

Answer 8

Car clamping is considered trespass to goods within (T(IG)A 1977)

Defence can be volenti if the D can prove that a sign was visible i.e. therefore consent to the clamping.