Trespass To Land

Question 1

Define trespass to land

Answer 1

Intentional unlawful entry on to, or direct interference, the land in possession of another

Question 2

Why might someone bring a claim in TL

Answer 2

To remove unwanted intruders, to regain entry to land.

Question 3

Trespass to land is actionable per se, what does this mean?

Answer 3

There is no need for C to prove that they have suffered any damage- it is enough that they trespassed.

Question 4

Who can claim in TL?

Answer 4

Who can claim is not based on pure ownership or pure possession. They just have to have immediate and exclusive right to the land

Question 5

Delaney v TP Smith

Answer 5

C had an agreement with D that he would move in when repairs were finished but got keys early and C had to be removed from the land by D so sued in TL. Claim failed

Question 6

What case can be used for owning all of your soil

Answer 6

Star energy v Bocardo (2010)

Question 7

What case can be used for airspace?

Answer 7

Kelsen v Imperial Tobacco Co (1957)

Question 8

What happened in Kelsen?

Answer 8

D put up an advertising sign hanging 8 inches into C’s land. Was trespass as in airspace.

Question 9

What act protects aircrafts?

Answer 9

Civil Aviation Act 1982

Question 10

What happened Esso v Southport Corp (1956)

Answer 10

Oil from a tanker caused damage to C’s land.

Not liable as not direct as the tide carried it to C’s land.

Question 11

What happened in Smith v Stone (1647)

Answer 11

D was carried into land owned by C. Not trespass as it wasn’t voluntary, he was thrown.

Question 12

Westripp v Baldock (1938)

Answer 12

D leaned his ladder on the wall. Trespass as even the merest contact can be TL

Question 13

What is trespass ab initio

Answer 13

If someone enters land lawfully but break the rules they may have been trespassing from the beginning

Question 14

Which judge got rid of Trespass ab initio?

Answer 14

Lord Denning

Question 15

Which judge brought Trespass ab initio back?

Answer 15

Lord Denning

Question 16

Chic fashions v Jones?

Answer 16

Police searched C’s property for stolen goods, took goods they mistakenly believed were stolen. No trespass

• end of trespass ab initio

Question 17

Cinnamond v British airports authority?

Answer 17

Taxi drivers unlawfully loitering after dropping off passengers then picking up new passengers and over charging

Trespass ab initio; they could enter land to drop customers off but weren’t allowed to loiter

Question 18

What are the defences?

Answer 18

Statutory right to enter
Necessity
Volenti
Licenses

Question 19

What statutes allow people to enter land?

Answer 19

PACE
Rights of entry (Gas & Electic boards) act
Children act
Environment act

Question 20

Case example for necessity as a defence?

Answer 20

Rigby v CC of Northamptomshire

Police fired tear gas into C’s shop to wash out a criminal. Not trespass as necessary

Question 21

What remedies are available for TL?

Answer 21

Compensation
Injunction
Recovery (eviction)
Distress
Mesne profits

Question 22

League against cruel sports v Scott

Answer 22

C owned wild deer sanctuaries and D had stag hounds that would enter C’s land and hunt for deer. This was trespass as D knew this would happen and done nothing to stop it

Question 23

Woolerton & Wilson v Costain (1970)

Answer 23

Overhanging crane occasionally swinging over C’s land. Even tho it wasn’t constant it was trespass

Question 24

Basley v Clarkson

Answer 24

Accidentally mowed neighbours lawn.

It wasn’t intentional to trespass but it was intentional to mow the lawn so it was trespass