Trespass to Land

Trespass to Land is commonly paired with Article 11 but what is the case that states it does not provide a right to trespass on private property?

Appleby V UK

What is the definition of Trespass?

An unlawful and unjustifiable intrusion onto property

What is the case which covers the definition of Trespass?

Calgarth

What is the definition of a civil trespass?

Removing any part of the land in possession of another, ir any (part of a building or other erection attached to the soil. It can also be a trespass to place something on or in the possession of another- such as dumping rubish

What are the different methods of trespass?

• Being on the land (entering land)

• Being in the airspace- this only applies as is necessary for the ordinary use of the building

• Being under the land- consider things like mining

What is the case for being in the airspace- this only applies as is necessary for the ordinary use of the building?

Bernstein V Skyviews General Ltd

What is the case for being under the land- consider things like mining?

Bull Coal Mining Co V Osbourne

What are the two main element of trespass?

• Direct interference

• Voluntary interference

The interference must be direct and not what?

• The interference must be direct and not consequential

What is the case that states the interference must be direct and not consequential?

Southport Corporation V Esso Petroleum

What is the question which asks if the interference is direct?

Did D directly trespass or did the trespassing thing end up there via another means

The interference must be voluntary but where are examples of non-trespasser scenarios?

• Carried onto the land

• Thrown onto the land

What is the case for non-trespasser scenarios?

Stone V Smith

What are the irrelevant factors?

• Whether or not D knows they are a trespasser

• Whether or not D has caused harm or damage

Even in circumstances where D does not know there a trespasser, or believes they are not it can still amount to what?

Trespass

What is the case for whether or not D knows they are a trespasser?

Conway V George Wimpey and Co

What does it mean if trespass is actionable per se?

No need for any harm or damage to occur

What is the case that shows even minimal intrusion is considered trespass such as placing part of a foot on the land is enough?

Ellis V Loftus Iron Co

What are legal justifications for trespass?

• Licence to enter by law (Legal permission granted for entry)

• Justification by way of easement (agreements usually between home owners i.e right of access)

• Justification by licence or necessity (Permission granted for essential reasons)

• Various powers of entry granted to officers of the law (i.e police officers)

What is the statutory restriction case for the removal of trespassers?

S61 Criminal Justice and Public Order Act 1994

What are the conditions for removal under S61 Criminal Justice and Public Order Act 1994?

• Trespassers on land of another with the common purpose of remaining there

• Occupier has already taken steps to ask them to leave

What are the grounds for direction to leave?

1) They have damaged the land

2)They have used threatening, abusive or insulting behaviour to the occupier, the occupiers family, employees or agents

3) Between them they have six or more vehicles

If a trespasser having been directed does not leave the land as soon as reasonably practicable or returns as a trespasser he commits an offence under?

61(4) and S62 enables the police to seize the cars that do not leave

What is the definition of aggravated Trespass under S68(1) Criminal Justice and Public Order Act 1994?

A person is guilty of an offence of aggravated trespass if they trespass on land, in the open air, and in relation to any lawful activity which person are engaging in or about to engage in on the adjoining land and intended to disrupt lawful activities