Tresspass To Land

Question 1

Anchor Brewhouse Developments Ltd v. Berkley House Ltd

Answer 1

The defendant’s crane over sailed on to the claimant’s airspace above their land on a regular basis during the construction of a housing development. No damage was caused. The claimant was entitled to an injunction to prevent the trespass since trespass is actionable per se.

Question 2

Harrison v Duke of Rutland

Answer 2

An improper user of a highway may be a trespass.
The plaintiff considered he had a grudge against the defendant. On several occasions he walked up and down a highway over the moors where the defendant was shooting grouse, waving his umbrella to frighten the birds. The defendant’s servants on one occasion sat on him till the shoot was over. The plaintiff sued the defendant for damages for assault. Held, the plaintiff could not recover as he was a trespasser on the highway