Trespass

Question 1

Elements of trespass after warning

Answer 1

-trespasses
-on any place
-after being warned to leave that place by an occupier of that place
-neglects or refuses to do so

Question 2

Elements of Trespass after previous warnings

Answer 2

-being a person who has been warned under Section 4 to stay off any place
-wilfully trespasses on that place
-within two years

Question 3

Legal defence of trespass

Answer 3

-their own protection
-the protection of somebody else
-an emergency involving their property or the property of some other person
-the occupier who gave the warning no longer occupies

Question 4

Trespass Act 1980 Section 5

Answer 4

Warnings given pursuant to s3 and s4 may be given orally, by notice in writing served personally or by post

Question 5

Elements of Being found on property without reasonable excuse

Answer 5

-found
-without reasonable excuse
-in OR on
-any building/aircraft/hovercraft/ship, ferry or other vessel/train/vehicle

Question 6

Enclosed yard case law

Answer 6

-an enclosed area
-enclosed area was appurtenant to a building