TRESPASS TO LAND

Question 1

WHAT IS TRESPASS?

Answer 1

AN INTENTIONAL AND UNLAWFUL DIRECT INTERFERENCE WITH LAND THAT BELONGS EXCLUSIVELY TO ANOTHER PERSON.

Question 2

LAND IS DESCRIBED AS…

Answer 2

• THE GROUND ITSELF
• ANYTHING ATTACHED TO THE LAND
• ANYTHING BELOW THE LAND
  ANYTHING ABOVE THE GROUND

Question 3

A PERSON POSSESSES AIRSPACE TO A REASONABLE HEIGHT

Answer 3

(S76(1)) CIVIL AVIATION ACT
TRESPASS TO LAND IS NOT COMMITTED IF AN AIRCRAFT FLIES ABOVE PROPERTY WHEN FLYING AT A REASONABLE HEIGHT.
(LORD BERNSTEIN V SKYWAYS AND GENERAL)

Question 4

TRESPASS MAY BE TEMPORARY

Answer 4

(ANCHOR BREWHOUSE V BREWHOUSE DEVELOPMENTS)

Question 5

TRESPASS CAN BE COMMITTED BY A PERSON WHO DIGS OR DRILLS INTO SOMEONE ELSE’S LAND

Answer 5

(STAR ENERGY WEALD BASIN V BOCARDO SA)

Question 6

UNLAWFUL ENTRY

Answer 6

ELEMENT OF TRESPASS WILL BE FULFILLED IF THE TRESPASSER DOES NOT HAVE EXPRESS OR IMPLIED PERMISSION TO BE ON THE LAND
(SCRUTTON LJS COMMENT ON THE CALGARTH)

Question 7

INTENTIONAL AND DIRECT INTERFERENCE

Answer 7

DEFENDANT MUST INTEND TO ENTER THE LAND. EVEN A MISTAKEN INTENTION (BASELEY V CLARKSON)

Question 8

DEFENDANT COULD ACT IN A NEGLIGENT WAY AND STILL BE LIABLE FOR TRESPASS

Answer 8

(LEAGUE AGAINST CRUEL SPORTS V SCOTT)

Question 9

CONTINUING TRESPASS

Answer 9

A PERSON FAILS TO REMOVE AN OBJECT THAT HAS BEEN UNLAWFULLY PLACED ON THE LAND.
NEW CLAIM FOR EACH DAY TRESPASS CONTINUES
(HOLMES V WILSON)