8) Trespass to Land

Question 1

What is trespass to land

Answer 1

The unjustifiable interference with land, which is in the immediate possession of another

Question 2

What are the 4 essential elements of trespass to land

Answer 2

1. Direct Interference
2. Voluntary Interference
3. Awareness of trespass to land not needed
4. No need for claimant to face damage or loss

Question 3

What is 1.Direct Interference

Answer 3

e.g physical entry, throwing etc
- Southport corp v Esso Petroleum. Lord Denning stated, where there is o direct interference cannot be held liable

Question 4

What is 2. Voluntary interference

Answer 4

Stone v Smith showed how interference cannot be forceful, it must be done wilfully

Question 5

What is 3. Awareness of trespass not needed

Answer 5

An innocent trespass is still a trespass, Conway v George Wimpey

Question 6

What is 4. No need for claimant to face damage or loss

Answer 6

Trespass to land is actionable per se, therefore, there is no need for damage or loss

Question 7

What is the law on airspace & what case explained this

Answer 7

Bernstein v Skyviews, “right to that of the airspace with is necessary for the ordinary use and enjoyment of the land and buildings”

Question 8

What is the law on the land beneath the surface & case

Answer 8

Star Energy v Bocardo, Lord Hope - the owner of the surface is the owner of the state beneath it, unless the law says otherwise

Question 9

What act gives permission to did 300 metres below the surface for energy sources

Answer 9

Infrastructure Act 2015

Question 10

What term is used for legal trespass which became illegal trespass

Answer 10

Trespass Ab inito

Question 11

What does trespass ab inito mean

Answer 11

Entering land with given authority, by law but then committing an act which is an abuse of authority - this becomes trespass Ab Inito (trespass from the beginning)

Question 12

What are the 3 defences to trespass to land

Answer 12

1. Legal Authority
2. Consent
3. Necessity

Question 13

What acts relate to the defence of legal authority and what do they giver permission for

Answer 13

The Police and Criminal Evidence Act 1984 - constables gain right to enter land + search + arrest
S.8 PACE - search with warrant
S.9 PACE - Police can seize relevant evidence

Question 14

What are the remedies to trespass to land

Answer 14

Damages and injunctions
Self-help (commercial properties)