3B.4.7 Torts of trespass Flashcards
Which article does trespass restrict?
Article 11 – the right to freedom of assembly and association.
Trespass
“An unlawful and unjustifiable intrusion, by a person onto the land of another. There is no need to show that any damage has been caused.”
- However, technically the slightest crossing of the claimant’s boundary is sufficient to result in a trespass.
Do those exercising a right under Article 11 have the right to trespass?
Those exercising a right under Article 11 have no enhanced rights in relation to others’ land and cannot escape a claim of trespass simply by virtue of their protect or demonstration.
- This was shown in Appleby v UK.
What did the court say in Ellis v Loftus Iron Co. (1874)?
If the defendant places a part of his foot on the claimant’s land unlawfully, it is in law as much a trespass as if he had walked half a mile on it.
What was the principle held in Ellis v Loftus Iron Co. (1874) used for?
- To evict travellers parked on land belonging to others, typically the owners of woodland, as in the case of Drury v Secretary of State for Environment, Food and Rural Affairs (2004).
- In sit-ins such as that in Essex University in University of Essex v Djemal (1980).
Instead of walking onto the land, are there any other actions which would amount to trespass?
It can also be a trespass to place something on, or in, land in the possession of another such as dumping rubbish.
What are the legal justifications to trespass?
- Licence to enter by law
- Justification by right of way or easement (the use of someone else’s property or land for a stated reason such as permitting the underground services of one property (such as drains) to pass beneath the land of a neighbouring property).
- Justification by licence or necessity
- Various powers of entry granted to officers of the law, such as the police.
What is the process for removing trespassers from land?
s61 of the CJPO 1994 applies to trespassers who are on the land of another with the common purpose of remaining there. This section enables a police officer to direct trespassers on the land to leave the land where the occupier has already taken steps to ask them to do so, and either:
- They have damaged the land, or
- They have used threatening, abusive or insulting behaviour to the occupier, the occupier’s family, employees or agents, or
- Between them they have six or more vehicles on the land
s61 of the CJPO 1994
Enables a police officer to direct trespassers on the land to leave the land where the occupier has already taken steps to ask them to do so, and either:
- They have damaged the land, or
- They have used threatening, abusive or insulting behaviour to the occupier, the occupier’s family, employees or agents, or
- Between them they have six or more vehicles on the land
What happens if a trespasser fails to leave?
Failure to obey a direction to leave or returning to the land as a trespasser within three months is an offence.
s62 of the CJPO 1994
Gives a power for the police to seize vehicles of persons failing to comply with a direction under s61.
