tresspass to land

Question 1

what does trespass to land do?

Answer 1

protects against injustified physical intrusion on land

Question 2

purpose of tresspass to land

Answer 2

to recover compensation for damage caused to land
recover posession of land
to stop people from future trespassing

Question 3

what is possession

Answer 3

factual possession and
intention to exclude everyone else- JA v Graham

occupation with a license
occupation without a license

Question 4

who can claim trespass

Answer 4

a person in possession of land (do not have to be the owner of the land)

a claimant with legal estate and in exclusive possession (including tenants)
a claimant without legal estate but in possession can claim against a third party- jones v chapman
(not against true owner)
above may be able to claim against owner if contractual legal estate (e.g lodger)

Question 5

what can be trespassed

Answer 5

surface of land- e.g walking/ placing things on
interference with soil or anything attached to the soil e.g crops
buildings- e.g poster on wall
under surface of land- Bocardo SA v Star energy
interference with airspace necessary for ordinary enjoyment of land- bernstein v skyviews

Question 6

intention/negligence

Answer 6

cannot argue you did not intend/did not know
if action was involuntary there is no liability

Question 7

must be direct interefence

Answer 7

interference must result from some act or ommission by the d or whom they are responsible
e.g rubble
remaining on land for unreasonable time afer permission ended can also be trespass- reasonable notice must be given

Question 8

defences- legal justification

Answer 8

where the law gives you an express right to enter someones land
1. a positive easement- e.g right of way
2. statutory rights- countrysid rights act
3. police right to enter land to arrest

Question 9

defences- license or permission

Answer 9

c may have granted express or implied permission
if exceeds the permission they become a trespasser
c can revoke license

Question 10

remedies

Answer 10

damages for damage to land
(depreciation in selling value, special damages, costs to repair)
damages for wrongful occupation
(mesne profits- rental value, inverugie v hackett)
damages where goods are severed from land

injunction- stop trespassing or prevent it
recovery of land- reasonable force can be used to remove trespasser, but can go to court
(manchester airport v dutton)