LAW1113 â Torts: Trespass to Land
LAW1113 – Torts: Trespass to Land Easy Elements:
“Trespass to land” - a “voluntary and positive act” by the D which directly, and either intentionally or negligently, interferes with the P’s exclusive possession of land”
Actionable per se: Voluntary and Positive act by D: •
Directness:
•
Interference caused to P must follow directly from D’s act. (Hutchins v Maughan)
Fault:
– – – •
Intention (i.e. D intended by their conduct to cause the consequence that occurred OR D knows the consequence was “substantially certain” to follow) Recklessness (i.e. D knew the consequence might follow from their conduct but did it anyway); Negligence (i.e. the defendant acted with less care that a reasonable person in their position would have acted in the circumstances)
Henry Ja
1
LAW1113 – Torts: Trespass to Land Blackstone: - What is land? Height: Beneath the Land: Conduct that constitutes trespass to land: Continuing Trespass:
Land:
Standing to Sue: P must have exclusive possession of the land. Need not be the owner of the land to sue. (Lavender v Betts)
•
Henry Ja
2
LAW1113 – Torts: Trespass to Land Licence: (possible defence) • •
D will not be held to be liable for trespass to land, if they had a licence to enter the land. Licence may be express or implied.
Henry Ja
3
“Trespass to land” - a “voluntary and positive act” by the D which directly, and either intentionally or negligently, interferes with the P’s exclusive possession of land”
Actionable per se: Voluntary and Positive act by D: •
Directness:
•
Interference caused to P must follow directly from D’s act. (Hutchins v Maughan)
Fault:
– – – •
Intention (i.e. D intended by their conduct to cause the consequence that occurred OR D knows the consequence was “substantially certain” to follow) Recklessness (i.e. D knew the consequence might follow from their conduct but did it anyway); Negligence (i.e. the defendant acted with less care that a reasonable person in their position would have acted in the circumstances)
Henry Ja
1
LAW1113 – Torts: Trespass to Land Blackstone: - What is land? Height: Beneath the Land: Conduct that constitutes trespass to land: Continuing Trespass:
Land:
Standing to Sue: P must have exclusive possession of the land. Need not be the owner of the land to sue. (Lavender v Betts)
•
Henry Ja
2
LAW1113 – Torts: Trespass to Land Licence: (possible defence) • •
D will not be held to be liable for trespass to land, if they had a licence to enter the land. Licence may be express or implied.
Henry Ja
3
