Trespass to Land

Question 1

Trespass to Land:

Define

Answer 1

The intentional direct interference with the claimant’s possession of land

Question 2

Trespass to Land:

Claimant has to prove…

Answer 2

1. Does C have Locus Standi?
2. Has there been intentional direct interference?
3. Causation and Remoteness

Question 3

Trespass to Land:

Locus Standi

Answer 3

C must have exclusive possession of the land (ie proprietary owners; licensees in some cases and squatters)

Question 4

Trespass to Land:

Licensees may have locus standi

Answer 4

Monsanto

Question 5

Trespass to Land:

Squatters have locus standi

Answer 5

Delaney v TP Smith

Question 6

Trespass to Land:

Has there been intentional direct interference?

Answer 6

This includes:

1. Entering upon claimant’s land
2. Acting in excess of permission to be on claimant’s land
3. Bringing anything into direct contact with land
4. Damaging C’s land

Question 7

Trespass to Land:

Acting in excess of permission to be on claimant’s land

Answer 7

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)

Question 8

Trespass to Land:

Bringing anything into direct contact with land

Answer 8

This can include erecting a fence on neighbour’s land; or

Resting a ladder against other’s wall

Question 9

Trespass to Land:

Defining Land

Answer 9

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)

Question 10

Trespass to Land:

Bernstein v Skyviews

Answer 10

Right to airspace to ‘such heights as is necessary for the ordinary use and enjoyment of the land and the structures on it’

Question 11

Trespass to Land:

Trespass to land claim against aircraft not possible

Answer 11

Bernstein v Skyviews

Question 12

Trespass to Land:

Claims against large signs are possible where they have entered the claimant’s airspace

Answer 12

Kelsen v Imperial Tobacco

Question 13

Trespass to Land:

Claims against cranes are possible, where they have entered the claimant’s airspace

Answer 13

Anchor Brewhouse

Question 14

Trespass to Land:

Trespass must be a voluntary act

Answer 14

Smith v Stone

Question 15

Trespass to Land:

D need not know or intend to trespass

Answer 15

Basely v Clarkson

Question 16

Trespass to Land:

In highly exceptional circumstances, interference may be negligent rather than intentional.

Answer 16

League Against Cruel Sports

Measure of damages for negligence same, just that injunction is also available for trespass - Farrell Transport

Question 17

Trespass to Land:

Trespass must be direct

Answer 17

Interference must flow almost immediately and without any intervention from the actions of the defendant

Question 18

Trespass to Land:

Trespass to land is action per se, so…

Answer 18

No damage is necessary

But, if damage is caused, need to consider causation and remoteness

Question 19

Trespass to Land:

Relevant remoteness test for trespass

Answer 19

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)

Question 20

Trespass to Land:

Who can be sued?

Answer 20

Anyone that has interfered with the claimant’s land

Question 21

Trespass to Land:

Defences

Answer 21

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)

Question 22

Trespass to Land:

Available remedies

Answer 22

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)