Trespass to Land

Question 1

Trespass to land

Answer 1

An unauthorised interference with a person’s possession of land without lawful justification or excuse.

Question 2

Four elements to trespass to land

Answer 2

Direct interference
Interference must be voluntary
Defendant need not be aware
No requirement for harm or damage

Question 3

Direct interference

Answer 3

Directly interfering with another’s property is actionable.

Question 4

Voluntary interference

Answer 4

Must be of own volition.

Stone v Smith

Question 5

Stone v Smith

Answer 5

A person pushed or thrown into land is not there voluntarily, so they are not trespassing.

Question 6

Defendant need not be aware

Answer 6

No requirement that the defendant be aware that they are trespassing. Gives rise to innocent trespass – Conway v George Wimpey

Question 7

Conway v George Wimpey

Answer 7

Plaintiff hailed a lorry, when he dismounted, he injured his leg. He was unable to claim damages as he was technically a trespasser on the lorry – “immaterial if he knew or not”.

Question 8

No requirement of harm or damage

Answer 8

The tort of trespassing protects land against interference, rather than compensating for damage.

Question 9

Defences to trespass to land

Answer 9

License to enter
Rights of entry
Trespass ab initio

Question 10

Remedies for trespass to land

Answer 10

Damages
Injunctions 
Action for recovery of land
Re-entry in order to evict trespasser
Compensation where appropriate.