Trespass to Land Lecture Notes

A comprehensive set of flashcards covering key concepts, definitions, and cases related to trespass to land.

Trespass to Land

An unjustified direct interference with land in the possession of another.

Key elements of trespass to land

1. Land

2. 2. Possession of another

3. 3. Direct interference

4. 4. No justification / defence

What counts as land for trespass purposes?

The land itself and fixtures attached to it.

Fixture

An object that is attached to the land and regarded as part of it.

Profits à prendre

Exclusive rights to take resources from the land.

Subsoil rights in trespass

Trespass extends to the subsoil beneath the surface.

Airspace rule in trespass

Rights in airspace are limited to what is necessary for ordinary use and enjoyment of the land.

Possession in trespass

Trespass protects the possessory interest, not ownership.

Factual possession

A sufficient degree of physical custody and control over the land.

Intention to possess

An intention to exercise custody and control on one's own behalf.

Strict liability in trespass

Trespass is strict liability; honest mistake or lack of fault is no defence.

Direct interference requirement

Only a direct intrusion qualifies as trespass.

Indirect or consequential intrusion

Not considered trespass; it must be a direct intrusion.

Entry after permission ends

Trespass can occur by remaining after permission to be on the land has ended.

Exclusion or ouster

Unlawfully excluding a person from land of which they possess or jointly possess.

Licence defence in trespass

Permission to enter or remain on land, which may be express or implied.

Revocation of implied licence

A reasonable time to leave is implied when a licence is revoked.

Necessity defence in trespass

Entry necessary to preserve human life or prevent serious harm, based on good faith and reasonable grounds.

Statutory justification

A defence where a statute authorizes entry or conduct.

Damages for trespass

Nominal, compensatory, aggravated, and exemplary damages may be awarded.

Injunctions in trespass cases

Injunctions can be granted to restrain or prevent trespass.

Distress damage feasant

A remedy for trespass related to goods left on another's property.