LAW OF TORT

Trespass to Land
• Unjustifiable interference with the possession of land
• Predicated on possession and occupation not ownership.
• Mere use without possession or mere ownership without
possession is not sufficient
• It must be voluntary and nature of trespass known
• It is actionable per se
• The injury caused must be direct and not consequential an
indirect or consequential interference with land is nuisance
Esso Petroleum Co Ltd v Southport Corporation (1956) AC 218
• It must be an affirmative or positive act and there must be
physical interference with the land. Lavender v Betts (1953) 1
WLR 672 Perera v Nandiyar (1953) 2 ALL ER 72
• It is an intentional act the defendant must have intended to
enter the land but he need not have intended to trespass.
• Trespass to land includes
• Wrongful entry crossing of someone's boundary putting hands
inside his window . Entick v Carrigton (1765) 2 Wils 275 entry
under an improper warrant held to be trespass.
• Remaining on land after right of entry has ceased. Konskier v
Goodman (1982) 1 KB 421
• It is also trespass to place any chattel on the plaintiffs land;
continuing trespass
• Trespass ab initio when a defendant enters upon land with the
authority of the law and later abuses the right, he becomes a
trespasser ab initio from the moment he enters the land. This
only applies however If the subsequent act is a positive
wrongful act as opposed to an omission.
• Trespass to the sub soil Cox v Mousley (1848) 5 CB 533 only
the owner of the sub soil however can mainatin an action for
trespass Bulli Coal Mining v Osborne (1899) AC 351
• Trespass to air space an invasion of air space may be a
trespass but it is limited to a height at which the intrusion could
interfere with the full use of the land. Kelsen v Imperial Tobacco
Co Ltd (1957)2 QB 334 an overhanging sign was held to be
trespass.
• Anchor Brewhouse Developments v Berkley House
(Docklands) (1978) QB 479 a crane swinging over land was
held to be trespass.
• A person who has the right to immediate possession of land
and enters in exercise of that right, is deemed to have been in
possession since the accrual of the right of entry
• A tenant in common or joint tenant cannot sue co tenants
unless the defendants act amounts to the total exclusion or
ouster of the plaintiff or destructive waste of the common
property.
• Defences
• If there is express or implied consent. Robson v Hallet (1967) 2
QB 939, Hirst v Picture Theatres Ltd (1915) 1 KB 1
• Legal justification: Criminal Procedure Act grants certain rights
of arrest
• Necessity; it was necessary too enter the land. Rigby v Chief
Constable of Northampton (1985) 2 ALL ER 985
• Remedies for trespass to land include
• Damages; if however the trespass is trivial then damages will be
nominal
• Injunction useful for continuing trespass.
• Re-entry a person entitled to possession may re enter and use
reasonable force to eject a trespasser. Hemmings v Stoke Poges
Golf Club (1920) 1 KB 720
• Mesne profits an action will lie for the damage which the claimant
has suffered as a result of being out of possession the plaintiffs
may sue for profits that the defendant has made from his
occupation and for damages for deterioration and costs of obtaining
possession. Inverugie Investments Ltd v Hackett (1995) 1 WLR 713
• When a chattel is unlawfully on plaintiffs land and has caused
actual damage then the claimant may retain the chattel until the
damage has been paid for. The plaintiffs however has no right to
sell or use the chattel