Trespass To Land Flashcards
Define trespass to land
Intentional unlawful entry on to, or direct interference, the land in possession of another
Why might someone bring a claim in TL
To remove unwanted intruders, to regain entry to land.
Trespass to land is actionable per se, what does this mean?
There is no need for C to prove that they have suffered any damage- it is enough that they trespassed.
Who can claim in TL?
Who can claim is not based on pure ownership or pure possession. They just have to have immediate and exclusive right to the land
Delaney v TP Smith
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
What case can be used for owning all of your soil
Star energy v Bocardo (2010)
What case can be used for airspace?
Kelsen v Imperial Tobacco Co (1957)
What happened in Kelsen?
D put up an advertising sign hanging 8 inches into C’s land. Was trespass as in airspace.
What act protects aircrafts?
Civil Aviation Act 1982
What happened Esso v Southport Corp (1956)
Oil from a tanker caused damage to C’s land.
Not liable as not direct as the tide carried it to C’s land.
What happened in Smith v Stone (1647)
D was carried into land owned by C. Not trespass as it wasn’t voluntary, he was thrown.
Westripp v Baldock (1938)
D leaned his ladder on the wall. Trespass as even the merest contact can be TL
What is trespass ab initio
If someone enters land lawfully but break the rules they may have been trespassing from the beginning
Which judge got rid of Trespass ab initio?
Lord Denning
Which judge brought Trespass ab initio back?
Lord Denning
Chic fashions v Jones?
Police searched C’s property for stolen goods, took goods they mistakenly believed were stolen. No trespass
- end of trespass ab initio
Cinnamond v British airports authority?
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
What are the defences?
Statutory right to enter
Necessity
Volenti
Licenses
What statutes allow people to enter land?
PACE
Rights of entry (Gas & Electic boards) act
Children act
Environment act
Case example for necessity as a defence?
Rigby v CC of Northamptomshire
Police fired tear gas into C’s shop to wash out a criminal. Not trespass as necessary
What remedies are available for TL?
Compensation Injunction Recovery (eviction) Distress Mesne profits
League against cruel sports v Scott
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
Woolerton & Wilson v Costain (1970)
Overhanging crane occasionally swinging over C’s land. Even tho it wasn’t constant it was trespass
Basley v Clarkson
Accidentally mowed neighbours lawn.
It wasn’t intentional to trespass but it was intentional to mow the lawn so it was trespass
