Trespass to Land Flashcards
Trespass to Land:
Define
The intentional direct interference with the claimant’s possession of land
Trespass to Land:
Claimant has to prove…
- Does C have Locus Standi?
- Has there been intentional direct interference?
- Causation and Remoteness
Trespass to Land:
Locus Standi
C must have exclusive possession of the land (ie proprietary owners; licensees in some cases and squatters)
Trespass to Land:
Licensees may have locus standi
Monsanto
Trespass to Land:
Squatters have locus standi
Delaney v TP Smith
Trespass to Land:
Has there been intentional direct interference?
This includes:
- Entering upon claimant’s land
- Acting in excess of permission to be on claimant’s land
- Bringing anything into direct contact with land
- Damaging C’s land
Trespass to Land:
Acting in excess of permission to be on claimant’s land
C may ask D to leave and D fails to do so within reasonable time; or
Whilst on land, D does something that is outside the scope of his permission (The Calgarth)
Trespass to Land:
Bringing anything into direct contact with land
This can include erecting a fence on neighbour’s land; or
Resting a ladder against other’s wall
Trespass to Land:
Defining Land
Land includes:
- Surface of the land;
- The buildings on it
- Plants in it;
- sub-soil beneath it (Bocardo v Star Energy)
- rights to airspace (subject to Berstein v Skyviews)
Trespass to Land:
Bernstein v Skyviews
Right to airspace to ‘such heights as is necessary for the ordinary use and enjoyment of the land and the structures on it’
Trespass to Land:
Trespass to land claim against aircraft not possible
Bernstein v Skyviews
Trespass to Land:
Claims against large signs are possible where they have entered the claimant’s airspace
Kelsen v Imperial Tobacco
Trespass to Land:
Claims against cranes are possible, where they have entered the claimant’s airspace
Anchor Brewhouse
Trespass to Land:
Trespass must be a voluntary act
Smith v Stone
Trespass to Land:
D need not know or intend to trespass
Basely v Clarkson
Trespass to Land:
In highly exceptional circumstances, interference may be negligent rather than intentional.
League Against Cruel Sports
Measure of damages for negligence same, just that injunction is also available for trespass - Farrell Transport
Trespass to Land:
Trespass must be direct
Interference must flow almost immediately and without any intervention from the actions of the defendant
Trespass to Land:
Trespass to land is action per se, so…
No damage is necessary
But, if damage is caused, need to consider causation and remoteness
Trespass to Land:
Relevant remoteness test for trespass
Re Polemis - direct consequences test
D is liable for all direct consequences of his tort, even those which are unforeseeable (more onerous on D than Wagon Mound)
Trespass to Land:
Who can be sued?
Anyone that has interfered with the claimant’s land
Trespass to Land:
Defences
Justification (had owner of land’s implied or express permission to enter their land or permitted by the law)
Necessity - (same as for trespass to person)
Trespass to Land:
Available remedies
Damages - compensate claimant for any tangible damage (nominal if no tangible loss suffered)
Injunction - control acts of trespass that are continuing (may be limited by Art 8 ECHR)
Self-help - C may use such force as is reasonably necessary to remove trespasser
(Costs will be recovered by the winning party from the party who lose)