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9 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Definition |
- where a person directly enters upon another's land without permission, or remains upon the land, or places or projects any object upon the land.
- actionable per se without the need to prove damage.
- contrast: nuisance is an indirect interference with another's use and enjoyment of land, and normally requires proof of damage to be actionable. |
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THE WAYS IN WHICH TRESPASS MAY OCCUR 1. Entering upon land |
Walking onto land without permission, or refusing to leave when permission has been withdrawn, or throwing objects onto land
Basely v Clarkson (1681) - D in mowing his own land, involuntarily and by mistake mowed down some grass on the land belonging to P.
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My SON was mowing the BASE, "CLARKE", we mowed others land |
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THE WAYS IN WHICH TRESPASS MAY OCCUR 2. Trespass to the airspace |
Kelsen v Imperial Tobacco Co [1957] - advertising board to project eight inches into P's property at ground level and another above ground level.
- s76(1) of the Civil Aviation Act 1982 provides that no action shall lie in nuisance or trespass by reason only of the flight of an aircraft over any property at a height above the ground which is reasonable. - However, s76(2) confers a statutory right of action in respect of physical damage caused by aircraft, actionable without proof of negligence. |
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THE WAYS IN WHICH TRESPASS MAY OCCUR 3. Trespass to the ground beneath the surface |
Bulli Coal Mining Co v Osborne [1899] - Ds mined from their land through to the P's land. This was held to be trespass to the subsoil. |
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POSSESSION OF LAND |
This tort developed to protect a person's possession of land, and so only a person who has exclusive possession of land may sue.
- landlord, lodger or a licensee does not have exclusive possession - tenant or subtenant does. |
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CONTINUING TRESPASS |
failure to remove an object unlawfully placed on land. lead to a new cause of action each day for as long as it lasts - Holmes v Wilson and others (1839) (built supports - paid damages - liable again for failing to remove butresses ) - Konskier v Goodman Ltd [1928]
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DEFENCES - Licence |
licence=permission to enter land - express, implied or contractual. |
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DEFENCES - right to entry |
A person may exercise a lawful right of entry onto land, for example:
@ A private right of way granted to the defendant @ A public right of way; @ A right given by the common law, such as the right to abate a nuisance @ A right of access given by statute, such as ss16-18 PACE 1984, the Access to Neighbouring Land Act 1992 and s8 of the Party Wall Act 1996. |
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Remedies |
- Nominal damages
- Injunction
- Recovery of land |
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