Trespass to Land

Trespass to Land (Pencerobohan Terhadap Tanah)

    • Definition of Trespass to Land

      • Ownership of Land (s. 5 NLC) includes:

        • Surface of the earth

        • Earth below the surface

        • All vegetation or natural products

        • All things attached or fastened to the earth

        • Water-covered land

      • Deliberate and Direct Invasion: Any unreasonable interference with land is actionable per se, regardless of damage.

      • What Constitutes Trespass:

        • Entering land in possession of the plaintiff (P)

        • Remaining on such land

        • Placing or projecting any object onto the land without lawful justification

      Elements of Trespass

      1. Mental State of the Defendant (D):

        • Intention to trespass

        • Voluntary entry

        • Foreseeable interference with P’s land

      2. Interference:

        • Entering into land owned by P

        • Remaining on P’s land

        • Placing objects on P’s land

        • Interfering with airspace

        • Interfering under the surface of the land

      Case Law: Gregory v Piper (1820)

      • Facts:

        • P owned a pub with a stable accessed through back gate via Old King’s Yard.

        • D owned surrounding property and obstructed P’s access by placing rubbish near the stable-yard.

      • Issues:

        • Can a master be liable for trespass due to a servant's actions?

        • D claimed he was not liable as he instructed the laborer not to obstruct the wall, attributing trespass to the laborer's negligence.

      • Decision/Outcome:

        • A master is liable for servant actions in executing their orders with ordinary care.

        • D held liable for trespass due to foreseeable results of the servile act.

      Special Situations in Trespass

      • Trespass to Highways

        • Case: Hickman v Maisey (1900)

        • Issue: Is observing from the highway reasonable?

        • Question of lawful use of the highway and who qualifies as a trespasser.

      • Trespass to Air Space

        • Rights in Airspace: Does a landowner have absolute rights?

    • Case Law: Lord Bernstein of Leigh v Skyviews & General Ltd (1978)

      • Aerial photography without consent claimed as trespass.

    • Ruling: No trespass as property rights in airspace extend only to reasonable heights necessary for enjoyment of land (s. 44 NLC).

Important Cases in Air Space Trespass

  • Gifford v Dent (1926): Advertising sign projecting onto a forecourt constituted trespass.

  • Kelsen v Imperial Tobacco (1957): Signage that projected over leased property led to injunction.

  • Anchor Brewhouse v Berkley House (1987): Obstructive crane also viewed under trespass as it invaded necessary airspace.

Trespass Ab Initio

  • Defined as unauthorized actions that abuse lawful entry authority.

  • Case: Six Carpenters Case (1610) elaborated on liabilities of entry under various conditions.

Defenses to Trespass

  1. Necessity:

    • Situations dealing with urgent peril (e.g., Rigby v Chief Constable of Northamptonshire).

  2. Involuntary Intrusion:

    • Actions done not voluntarily (e.g., Smith v Stone).

  3. License:

    • Permission to enter land can be express, implied, or contractual. Exceeding a license may lead to trespass.

  4. Rights of Entry:

    • Personal rights allowing it through common law or easements.

Damages for Trespass to Land

  • Types of Damages:

    • Diminution in value

    • Costs for reasonable reinstatement

    • Consideration of loss of use, emotional distress, and physical damage.