Other
A level law trespass to land scenario knowledge
- Course
- Institution
In depth knowledge and plan needed for a scenario essay on trespass to land (tort)
[Show more]
Seller
Follow
alfierahn
Content preview
Trespass to land scenario knowledge:Definition: unjustifiable interference with land which is in the immediate and exclusive possession of
another.
Who can sue?: C needs a proprietary link to the land or property. C doesn’t need to own it but must
be in possession of it, meaning they can exclude others of it . e.g a tenant.
What is land?: Who owns the land to the heavens and down to hell. Airspace- D must respect the
rights of the owners airspace up to the height necessary for the ordinary use and enjoyment of the
land [kelson] – overhanging advert sign had this but [Bernstein] – arial photos did not. Below the
land - [Star energy]- D trespassed when drilled into C’s land. But anything after 300 m down is fair
game under s.43 infrastructure act.
1. Direct interference- could include physical entry, throwing an object, remaining when
permission has been withdrawn or abusing right of entry. This can be a single act or a
continuing trespass. E.g leaving rubbish on C’s land. It CANNOT be indirect [Southport corp]-
oil carried by tide onto property was indirect as D didn’t purposely put it on C’s land.
2. Voluntary interference - D must voluntarily enter c’s land BUT isn’t voluntary if they are
pushed onto someone’s land. [stone and smith]- someone pushed is not trespassing.
3. Awareness of trespassing – D doesn’t need to know that they are trespassing [Conway]- an
innocent trespass is still a trespass.
4. Harm or loss – Actionable per se meaning there is no need for C to have any harm or loss.
Quantum will be lower if there is no harm or damage. [franklin]- unwanted arm through
window.
Defences: consent – e.g invited onto land expressed or implied like a post man walking up to door.
Lawful authority – e.g PACE allows police to enter a property to search and arrest. Necessity -
emergencies. [cope]- burned a strip of neighbour’s land to prevent fire spread.
Remedies: Damages or injunction. Abatement – self-help, where c can use some force to repel or
expel objects off of land [burton]. Order for possession – court order for the trespasser to leave such
as a tenant.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller alfierahn. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.79. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53022 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now