Trespass Flashcards
(8 cards)
1
Q
Define trespass
A
Unlawful direct interference or intrusion with the rights of the owner, does not have to cause damage, can be merest or slightest intrusion (Ellis v Loftus)
2
Q
What is a trespasser?
A
A person encroaching over the boundary of C’s land, without or exceeding permission
3
Q
What is land in the context of trespass?
A
- Land
- Buildings
- Parts of buildings
- Things affixed or attached to buildings
4
Q
What is direct unlawful interference or intrusion?
A
- Going onto or driving onto land
- Camping
- Putting things on land (eg. caravans, tents)
- Leaving things on land (eg. rubbish)
5
Q
What are the elements of trespass?
A
- a) D is a trespasser (Calgarth)
- b) D has interfered with or intruded on C’s land
- c) D has voluntarily trespassed of own free will
6
Q
What are the defences to trespass?
A
- Licence (implied permission)
- Statutory authority
- Easement (right of way for repairs etc.)
- Public authorities (fire, utilities, police)
7
Q
What is aggravated trespass?
A
Trespass without legal justification (Entick v Carrington)
8
Q
What is criminal trespass?
A
Returning within 3 months of being removes by police (S.61 CJPOA 1994)
