Tresspass

Question 1

Trespass to land

Answer 1

(Entick v Harrington) “every invasion of property” “wrongful interference with posessory rights”
E.g. crossing the boundaries, remaining on land, going beyond what is expected on land, putting items on land (leuge against cruel sports v Scott)

Airspace (kelsen v imperial tabaco)
Below ground
Intent to do action, no intent to trespass needed)

Defences= consent, legal right, nescity

Question 2

Trespass ab intio

Answer 2

Trespass after initial legal entery
Exceed your permission
(Elias v passmoore) anything seized must be linked to warrent
(Chick Fashions v Jones) warrent, look anywhere and take anything