Chapter 15 Trespass to land
This tort is designed to protect C’s right to keep other people off their land
The idea behind this is that we all have basic right to enjoy our own property without interference from anyone else and to exclude people from the place where we live or work if we wish t...
This tort is designed to protect C’s right to keep other people off their land
The idea behind this is that we all have basic right to enjoy our own property without
interference from anyone else and to exclude people from the place where we live or work if
we wish to
Trespass to land can be committed simply by someone entering land without permission
regardless of whether damage was done
In other words, it is actionable per se
Elements of tort
1. The claim must involve land
2. The land must be in the C’s possession
3. The D must interfere with the land
1. Land
Land includes not only ground itself but things under it, any building fixed to the surface and
such airspace above as is needed for the normal use and enjoyment of the land and the
structures on it
- Star Energy v Bocardo à held trespass can arise from tunnelling under land in
possession of another even though neither end is on the land
- Anchor Brewhouse Developments v Berkley House (Docklands) Developments à the
arm tower cranes crossed the airspace above the C’s land and D held liable for trespass
- Civil Aviation Act 1982 – there is no trespass where civilian aircraft fly over at a
reasonable height. But it imposes strict liability for damage caused by taking off or
landing or by anything falling from them
2. Possession
C need not own the land but must be IN POSESSION of it
Possession means having the right to exclude others from the land
The possession must be immediate (must exist at the time trespass was committed)
3. Interference
Interference must be direct and physical (indirect = nuisance/negligence)
Interference can include entry onto land, which is in the immediate possession of another,
remaining on such land when asked to leave or when permission to be there expires, abusing
a right of entry of such land, placing, or throwing something onto such land
a. Entering land
Even slightest crossing can be enough for liability e.g. putting hand through window
b. Abuse of right of entry
Has permission but does something beyond what has been allowed is guilty
Allowed onto land for certain purpose and does something unrelated to that purpose
c. Remaining on land
Lawfully entered but remains there after permission expires or after being asked to leave is
guilty
d. Placing things on land
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