Trespass to Land

Question 1

Definition

Answer 1

Entering, remaining, or projecting an object upon land (Salmond & Heuston)

Question 2

Examples

Answer 2

• subsoil: Borcado v Star Energy (pipelines at 800 feet)
• air space:
  => attached - always trespass (Anchor v Berkely - crane)
  => not attached - only trespass if interfering with ordinary use and enjoyment of the land (Bernstein v Skyviews - aircraft at several hundred feet.

Question 3

State of mind

Answer 3

• voluntarily: Smith v Stone (carried by force) but Gilbert v Stone (ran onto land to escape)
• non-deliberate but negligent: Scott v LAC (hunting hounds)

Question 4

Defence

Answer 4

• permission
• lawful authority
• necessity

Question 5

Who can sue?

Answer 5

• possessor of land - actionable without proof of damage.

Question 6

Remedies

Answer 6

• injunction: s50 of Senior Courts Act 1981
• user damages
• action for recover of land