Trespass to Land

Summary

This tutorial video explores the concept of trespass to land, a tort actionable per se without the need to prove damage. It explains three ways to commit trespass: entering land without permission, remaining on it after permission is withdrawn, or placing objects on it. The video also discusses trespass to airspace and subsoil, emphasizing the claimant's need for exclusive possession of the land to sue. Key elements of the tort include direct interference, voluntary action, no need for the defendant's awareness of trespassing, and no requirement for the claimant to experience harm. The video cites legal cases to illustrate these points and outlines defenses such as legal authority, license, and necessity.

Takeaways

• 🏠 Trespass to land is a tort that occurs when someone enters another person's land without permission, refuses to leave after permission is withdrawn, or places objects on the land.
• 🚶 Trespass can be committed in three ways: by entering the land, trespassing to the airspace above the land, or trespassing beneath the surface.
• ✈️ Trespass to airspace is not actionable if it involves aircraft flying at a reasonable height, as per the Civil Aviation Act 1982.
• 🛣️ For a trespass to land to occur, the claimant must have possession and exclusive possession of the land.
• 🚫 Trespass to land is actionable per se, meaning no damage needs to be proven for the claim to be valid.
• 💧 The case of Southport Corporation v. Esso established that for trespass to occur, there must be direct interference with the land.
• 🌪️ In Stone v. Smith, it was determined that involuntary entry onto land (e.g., being pushed) does not constitute trespass.
• 🤷‍♂️ Awareness of trespassing is not required for liability; one can be liable even if they mistakenly thought they had permission.
• 🌎 The extent of land ownership includes airspace and subsoil, but there are limits, as discussed in cases like Star Energy and Bernstein v. Sky Views.
• 🛑 Remedies for trespass to land include damages, injunctions, orders for possession, and abatement where property must be returned.

Q & A

What is trespass to land?

Trespass to land occurs when a person enters another person's land without permission, remains on it after permission is withdrawn, or places an object on the land without consent. This tort is actionable per se, meaning no damage needs to be proven.

How many ways can trespass to land be committed?

There are three ways to commit trespass to land: by entering upon the land, trespass to the airspace above the land, and trespass beneath the surface of the land.

What is the significance of the Civil Aviation Act 1982 in relation to trespass to airspace?

The Civil Aviation Act 1982 states that you cannot take action in nuisance or trespass if an aircraft flies over your property at a reasonable height, meaning you cannot sue for trespass if airplanes fly over your house.

What are the four essential elements of trespass to land?

The four essential elements of trespass to land are: direct interference with the land, voluntary interference, no need for the defendant to be aware they are trespassing, and no need for the claimant to experience any harm or loss.

What does the case of Southport Corporation v. Esso illustrate about direct interference with land?

The case of Southport Corporation v. Esso illustrates that for there to be trespass, the interference must be direct. In this case, oil drifting onto the claimant's land was not considered direct interference, so there was no trespass.

What is the requirement for interference with the land to be considered voluntary?

Interference with the land must be voluntary on the part of the defendant. For instance, someone forcibly carried or thrown onto the land is not considered a trespasser.

Can a person be liable for trespass even if they mistakenly thought they owned the land or had permission to enter?

Yes, a person can be liable for trespass even if they mistakenly thought they owned the land or had permission to enter, as established in the case Conway v. George Wimpey.

What is the Latin phrase that signifies the extent of ownership of land and its airspace?

The Latin phrase is 'Cuius est solum, eius est usque ad coelum et ad inferos', which means 'He who owns the land owns to the heavens and down to hell.'

How deep does the ownership of subsoil extend according to the case Star Energy Weald Basin Ltd v. Bocardo SA?

In the case Star Energy Weald Basin Ltd v. Bocardo SA, the Supreme Court decided that the claimant's ownership extends at least 853 meters below the surface, where physical features like pressure and temperature might render the concept of ownership absurd.

What are the defenses that can be claimed by a defendant in a trespass to land case?

Defenses that can be claimed by a defendant in a trespass to land case include legal authority, license, and necessity. Legal authority is often limited to cases like the police exercising their rights. License means permission to enter the land, which can be express, implied, or contractual. Necessity could be private or public, justifying trespass to protect property or the public.