trespass

What does trespass mean

Unjustifiable interference with land which is in the immediate & exclusive possession of another

What are the elements of trespass

Direct interference with the land which is

Voluntary

No need for the defendant to be aware they’re trespassing

No need for the claimant to experience harm or loss

Examples of direct interference

Physical entry

Throwing things onto land

Remain when right to enter has been withdrawn

Case example for direct interference

Southport corporation v Esso petroleum

Oil discharged from oil tanker & drifted onto claimants land - not direct

Not liable

Case example for voluntarily entered land

Stone v Smith

Forcibly carried onto the land by others

Not liable

Case example for awareness & decision

Conway v George Wimpy & co

Gave lift to C who worked for another company in a company lorry so C was a trespasser when he was injured, D had no duty of care even when C was unaware

Liable even if they are mistaken about ownership or wrongly believe they have permission

Case examples for experiencing harm

Bernstein v Skyviews & General

Star energy weald basin limited v Borcardo

What are the facts of Bernstein v skyviews & general

Took areal photo of property & tried to sell it to him

Don’t have an unlimited right to all the airspace above his land

Not liable

What are the facts of start energy weald basin limited v Borcardo

Vertically drilled oil wells 244 - 853 meters bellow C land

Owner of the surface is the owner of the strata beneath it

Infrastructure act 2015 - land 300 meters bellow can be exploited for energy without liability (enables fracking)

What is meant by Ab initio

‘From the beginning’ - enters land with authority given by law rather than permission of the person

Often used against the police who abuse authority given by a search warrant with seizing stolen goods

Why is Ab inito rarely successful

Precedent & statute gives police more powers

What are the 3 defences

Legal authority

Consent

Necessity

2 examples of legal authority

Countryside & rights of way act 2000

Police & criminal evidence act 1984

What is said in the police & criminal evidence act 1984

Gives constables certain rights to enter land to make arrests & search

Examples of consent

Contractual licences - purchaser receives permission to be on land as a part of the purchase, become a trespasser when consent is withdrawn

Express/implied - posting letters, ringing doorbell

Case example for consent

Wood v Leadbitter

Removed from horse race despite having a ticket - contractual licence removed

Case example for necessity

Rigby v cc of Northamptonshire

Fired tear gas into shop to force out dangerous psychopath - caused fire they weren’t prepared for

Not liable - they didn’t create the problem, safeguarding

Trespass in criminal law

Aggravated

Squatting

What is aggravated trespass

Intimidation to deter activity

Obstruction of activity

Disturbing activity

What makes someone a squatter

Entered as a trespasser

Knows or ought to have known they are trespassing

Intent to stay