Trespass to Land Flashcards
1
Q
What is Trespass to Land?
A
Unjustified entry by a person into another person’s property, intentionally or negligently
2
Q
What are the elements to Trespass to Land?
A
- Direct interference
- fault
- lawful possession
3
Q
What is Direct Interference?
A
Where there is a direct interference with the land and the defendant interferes without lawful authorisation
4
Q
What is Lawful Possession?
A
Where the plaintiff has lawful possession of the land
5
Q
What is Fault?
A
Where the defendant is at fault
6
Q
What are some examples to Trespass to Land?
A
- wrongfully setting foot on another’s property
- placing, throwing or leaving objects on land
- directing animals to enter a property or failing
to prevent their entry - staying on someone’s property after you have been asked to leave
- digging underneath someone’s property
7
Q
What self-help may the plaintiff use in a case of Trespass to Land?
A
Plaintiff may use force to resist a wrongful entry to remove a trespasser but force must be reasonable
