Trespass to Land- Cases
Terms in this set (14)
Franklin V Jeffries
Trespass will occur when even the smallest part of the persons anatomy has crossed the boundary.
Conway V George Wimpey
It was held that it was irrelevant if the trespasser was unaware that they were trespassing.
Westripp V Baldock
MEREST CONTACT is enough to amount to trespass- a LADDER leaning on the Claimants land meant the Defendant was liable for trespass to land.
Bernstein V Skyviews
JUSTICE GRIFFITHS held that trespass to higher level airspace was not just and reasonable. It didn't infringe any rights of the claimants AIRSPACE.
For PUBLIC POLICY reasons it would be unjust to tie liability to higher level airspace; would cause mass suing of air plane companies.
Kelsen V Imperial Tobacco Co
Trespass to lower level airspace was committed when ADVERTISING signs hung over the claimants land.
Woolerton&Wilson V Costain
Liability was established to industrial companies who allowed CRANES to fly over the claimants land.
Anchor Brewhouse V Berkley Homes
Further considered the decision made in Woolerton, held that CRANES overhanging DID amount to trespass to land.
Bulli Coal Mining V Osborne
When the defendants mined their land through the claimants land it was held to be trespass to SUBSOIL.
DPP V Jones
OTHER ACTIVITIES were ok providing they were done by a peaceful party of people who do not obstruct the HIGHWAY.
Basely V Clarkson
Held that liability existed even if trespassing wasn't INTENTIONAL- the ACTION (in this case mowing the grass) was intentional and this was enough to amount to trespass.
Holmes V Wilson
Allowed for RE-SUING. The Claimant recovered damages for the trespass happening in the first place then again as they failed to remove the BUTTRESSES.
Six Carpenters Case
When entry to the land is LAWFUL (eg by a police officer), but the lawful visitor goes beyond their purpose then he will be said to have trespassed AB INITIO (from the beginning).
- CONSENT- can be established through EXPRESSED or IMPLIED LICENSES.
- LAWFUL AUTHORITY- eg by the Police, provisions of which are set out in PACE.
- NECESSITY- Trespass may be excused if it was done out of necessity, eg in an emergency. Can still come under this even if no actual danger requiring emergency trespass occurred, just fear of this needed.
INJUNCTIONS- PROHIBITORY, done to prevent someone from doing something and MANDATORY, making someone stop doing something.
SELF HELP- the removal of the person by the reasonable force of the occupier.
MESNE PROFITS- eg profits.
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