Trespass to Land
- Created by: ElleW88
- Created on: 01-12-19 20:03
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- Trespass to Land
- The nature of trespass to land
- A direct act of interference with another's possession of land, by
- 1. Entering upon the land.
- 2. Remaining on that land.
- 3. Placing or projecting any object onto that land.
- Entick v Carrington (1765)
- "Every invasion of property, be it ever so minute, is a trespass."
- Direct and consequential interference contrasted
- Gregory v Piper (1829)
- Rubbish rolled onto neighbours land
- Foreseeable consequential risk
- Rubbish rolled onto neighbours land
- Mann v Saulnier [1959]
- Southport Corporation v Esso Petroleum [1956]
- Gregory v Piper (1829)
- A direct act of interference with another's possession of land, by
- The requirement of an act.
- Smith v Stone (1647)
- Involuntary entry the D was carried onto the land, by force.
- can be unitentional trespass but not involuntory
- Involuntary entry the D was carried onto the land, by force.
- League Against Cruel Sports v Scott [1985]
- Damages for 6 trespasses won
- Smith v Stone (1647)
- Types of trespass
- B.R.B V Herrington
- Robson v Hallett 1967
- Trespass to the highway
- Harrison v Duke of Rutland 1893
- D.P.P v Jones 1999
- Stone Henge, peaceful demostrations
- Can enjoy the highway for any purpose as long as it is not a nuisance or obstructing it.
- Stone Henge, peaceful demostrations
- Trespass above and below the surface.
- Own the land all the way to the Heavens and all the way to Hell
- Bernstein v Skyviews 1978
- Rights to airspace above land is restricted to such a height as reasonably necessary.
- Kelsen v Imperial Tobacco 1957
- Anchor Brewhouse v Berkley House 1987
- Grigsby v Melville 1974
- Bernstein v Skyviews 1978
- Own the land all the way to the Heavens and all the way to Hell
- Trespass ab intio: Persons entering under legal authority
- Six Carpenter's case 1610
- Cinnamond v British Airports Authority 1980
- Elias v Pasmore 1934
- Who can sue?
- Mason v Clarke 1955
- The squatter's right
- Graham v Peat 1801
- Nicholls v Ely Beet 1931
- Defences
- Permission (Expressed or Implied) or Licence
- Legal Authority
- Necessity: only in urgent cases of imminent peril
- London Borough of Southwark v Williams 1971
- The nature of trespass to land
- Smith v Stone (1647)
- Involuntary entry the D was carried onto the land, by force.
- can be unitentional trespass but not involuntory
- Involuntary entry the D was carried onto the land, by force.
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