Trespass to Land (WS 9)

Question 1

Stages to analysing a problem on trespass to land

Answer 1

STEP 1: State C can consider suing D in the tort of trespass to land for...
STEP 2: Define Trespass
STEP 3: Consider and note the interferences in questions
STEP 4: Consider what C has to prove 
- locus standi
- intentional direct interferences
- causation 
- remoteness
STEP 5: Consider who can be sued
STEP 6: Defences
STEP 7: Remedies
STEP 8: Conclusion

Question 2

Define tort of trespass to land

Answer 2

Intentional direct interference with someone’s possession of land.

Question 3

What does C have to prove (in brief)

Answer 3

1) Does claimant have locus stand
2) Has there been intentional interference
3) Causation
4) Remoteness (Re Polemis)

Question 4

Does C have locus standi?

Answer 4

Must have exclusive possession of the land

Question 5

Monsanto

Answer 5

licensees can have locus standi

Question 6

Delaney v TP Smith

Answer 6

Squatters can have locus standi

Question 7

Examples of intentional direct interference

Answer 7

i. Entering upon C’s land
ii. Acting in excess of your permission to be on C’s land
iii. Bringing anything into direct contact with the land
iv. Damaging C’s land

Question 8

How can you act in excess of your permission to be on C’s land?

Answer 8

1. C asks you to leave and you do not do so within a reasonable time
2. Whilst on the land, D does something that is outside the scope of his permission (The Calgarth)

Question 9

Bocardo v Star Energy UK

Answer 9

Land includes subsoil beneath it.

Question 10

Bernstein v Skyviews

Answer 10

lad includes “such heights as is necessary for ordinary use and enjoyment of the land and structures on it.” So claim for trespass against airplane fails.

Question 11

Kelsen v Imperial Tobacco

Answer 11

Trespass to land claim against large signs

Question 12

Docklands Development

Answer 12

Trespass to land claims against cranes in airspace.

Question 13

Smith v Stone

Answer 13

Must be a voluntary act

Question 14

Basely v Clarkson

Answer 14

D need not know he has trespassed

Question 15

League Against Cruel Sports

Answer 15

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

Question 16

Network Rail Infrastructure v Farrell Transport

Answer 16

The measure of damages would be the same whether the claim was made in negligence or trespass; the only distinction is that injunctions are available in trespass.

Question 17

Re Polemis

Answer 17

Defendant is liable for all direct consequences of the tort, even those which are unforeseeable.

Question 18

Who can be sued?

Answer 18

Anyone that has interfered with the land

Question 19

Defences

Answer 19

1) Justification:
a. Had owner of land’s implied or express permission to enter their land
b. Permitted by law

2) Necessity

Question 20

Remedies

Answer 20

1) Damages (compensate C for any tangible damage)
2) Injunction
3) Self-help: C may use such force as is reasonably necessary to remove trespasser