Lecture notes
Trespass and Nuisance
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- University Of Bath (UoB)
law surrounding trespass and nuisance
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MN10442 1st April3 types of trespass
To goods
To land
To the person – assault, battery, false imprisonment
Trespass to goods
The unlawful, intentional, direct interference with goods in possession of another
Assault (to the person)
An intentional act that causes another person reasonably to apprehend immediate
violence to their person.
Don’t have to touch someone to assault them
Read v coker [1853] – read is a rent collector and went to the garage to collect the
rent. Coker didn’t have the money to pay, and the mechanics surrounded him and
intimidated him.
Battery (to the person)
The direct and intentional application of force to another person without their
consent
Nash v sheen [1953] – went to the hairdresser to get hair dyed but instead, the
hairdresser put in hair removal cream.
False imprisonment (to the person)
The unlawful prevention of another from exercising their freedom of movement
Sayers v Harlow urban district council [1958] – Sayers was using public toilets, but
the lock broke so in trying to get out she tried to climb over but fell and broke her
arm and ankle. She claimed false imprisonment but as the council hadn’t
intentionally locked her in there the court ruled against her.
R (on the application of Hannah McClure and Joshua moos) v the commissioner of
the police metropolis [2012] – crowd control. Big protest against the g20 and protest
against climate change. Each group had given their route and info to the police. The
g20 protest was assumed to be more aggressive and angrier with high tension.
Climate change had a good vibe dancing and singing no anger. When the protests
were moving they were going to go into each other so the police held up the climate
change protest to allow the other protest to go by. The climate change protest was
held up for over 7 hours without letting them go anywhere. Sued police for false
imprisonment in the public interest it was justified however.
Trespass to land
The unlawful and unjustifiable interference with land which is in the possession of
another
Cujus est solum ejus est usque ad coelum et ad inferos – “for whoever owns the soil,
it is theirs all the way up to heaven and down to hell”
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