Term
| Definition of Trespass to land |
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Definition
Winfield:
A direct and unjustified interference with the possession of land... whether or not the entrant knows that he is trespassing." |
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Term
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Definition
There are four elements of the tort:
- There must be a direct interference with land
- The interference must be voluntary
- The defendant need not be aware that they are trespassing
- There is no requirement for harm or damage |
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Term
| Forms of trespass: Wrongful entry |
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Definition
personal entry onto C's land.
The slightest crossing of a boundary is a trespass: Entick v Carringotn
Abuse of right of entry may aslo result in trespass: Hickman v Maisey |
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Term
| Forms of trespass: Remaining on land |
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Definition
Trespass is committed when D remains on land when their right of entry has ceased.
A person holding over at the end of a leases is not a trespasser until demand is made (Hey v Moorehouse) |
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Term
| Forms of trespass: Trespass by placing objects on land |
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Definition
| Placing chattel on C's land is trespass. This is a continuing form of trespass; if the chattel is not removed, then successive actions may lie: Holmes v Wilson |
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Term
| Forms of trespass: trespass to airspace |
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Definition
Objects or structures overhanging land: Kelsen v Imperial Tobacco
Aircraft: protected by the civil aviation act. This is not limited to a bare right of passage (Lord Bernstein of Leigh v Skyviews & General Ltd) |
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Term
| Forms of Trespass: Trespass to subsoil |
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Definition
| An owner of land is held to own the strata and minerals beneath it: Bocardo v Star Energy |
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Term
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Definition
Actionable only by the person who is in possession of the land. License rights for access will not be sufficient evidence of possession (Manchester Airport PLC v Dutton)
A landlord cannot normally bring an action in trespass, but may do if he can prove that harm has been caused (Portland Management Ltd v Harte) |
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Term
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Definition
Trespass is not committed when access is under license.
Bare license can be revoked at any time.
Contractual license my be revoked at risk of breach.
Exception to this is where license is for limited time and purpose (e.g. cinema tickets: Hurst v Picture Theatres Ltd.) |
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Term
| Defences: Justification by Law |
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Definition
Police powers under PACE
Access to Neighbouring Land Act (for works that need doing on adjacent land) |
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Term
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Definition
D must show that necessity arose without negligence on his part: Rigby v CC Northamptonshire
F v West Berkshire HA:
- Cases of public necessity (e.g. fire breaks)
- Private necessity (Cope v Sharp)
- Coming to aid of another whose property or person is in imminent danger. |
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Term
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Definition
A person entitled to possession may reenter premises. Using or threatening violence not a crime for these purposes (Criminal Law Act 1977)
At civil law, reasonable force may be used (Hemmins v Stoke Poges Golf Club) |
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Term
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Definition
| A dispossessed person may bring an action for ejectment where he can establish an immediate right to possession. |
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Term
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Definition
| Action lies where C has suffered by being out of possession - this includes profits taken by D during occupation. Reasonable rent required for period of possession (Inverugie Investments Ltd v Hackett) |
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Term
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Definition
| Claimaint is prima facie entitle to an injunction but but may be refused where interference is trivial (Llandudno UDC v Woods) |
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Term
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Definition
| Where trespass is trivial, damages will be nominal. Otherwise, see mesne profits. |
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