Tresspass To Land

Question 1

1. Possession

Answer 1

Possession of the land in question.

Question 2

2. Interference

Answer 2

Direct interference means physical contact.

Failing to do something will not be a trespass to land for example failing to prune a tree and the branches going onto someone’s garden.

Question 3

3. Intentional

Answer 3

The trespass does not need to be intentional but the action itself does.

Trespasses can be committed accidentally.

Question 4

4. Defences

Answer 4

Permission- as long as that permission is not exceeded e.g. A dinner guest looking in someone’s wardrobe.

Legal justification- e.g. PACE

Necessity- e.g. Dewey v White: firemen destroyed chimney to prevent failing on highway.

Question 5

League against cruel sports v Scott

Answer 5

Defendant knew there was a risk of trespass and did not exercise proper control so causes the dogs to enter land. Successful claim.

Question 6

5. Remedies

Answer 6

Damages for harm or Injunction to prevent further trespass