land trespass

• Trespass to land definition:

  Intentional and direct (unlawful) interference with a persons possession of land
• What needs to be intentional for trespass?

  the direct action rather than the intent

  -e.g stepping onto someones land, even if you didn't know it was theirs
• Where does direct interference of trespass extend to?

  -beyond the surface of the land

  • Star Energy Weald Basin Ltd v Bocardo SA [2010]

  -above the land (into airspace)

  • Kelsen v Imperial Tobacco [1975]
  • Anchor Brewhouse Developments v Berkley House [1987]
• Esso Petroleum v Southport Corp

  • d discharged oil, polluting shorelines in order to avoid the ship sinking
  • use of the necessity defence for trespass was successful
• Southwark LBC v Williams

  • a sufficient degree of peril is needed for the necessity defence to succeed
  • affirmed in Monsanto plc v Tilly
• trespass ab initio

  • occurs when a person enters land with authority given by law and subsequently commits an act that is an abuse of that authority
• the six carpenters

  • found that a wrongful act committed after lawful entry onto someones premises could make the original entry a trespass
  • BUT Elias v Pasmore held that the trespass only applied to the wrongful act and did not render the original entry illegal
• Types of physical interference with land:

  • crossing a boundary onto land
  • remaining on land
  • going beyond what is permitted while on someones land
  • putting or placing objects on someones land
• League against Cruel Sports v Scott

  • hunting dogs strayed onto c's land, held to be an implied intention to trespass as he was "indifferen[t] to such incursions while persisting to hunt near the claimant’s property"
• Anchor Brewhouse Developments v Berkley House

  • the arm of a crane was found to be a trespass, despite it being non-permanent
• Bernstein v Skyviews

  • held that it cannot be a trespass if it above the level of an ordinary user of land
• Star Energy Weald Basin Ltd v Bocardo SA

  • held that the trespass which was 800-2,800ft underground was 'far from being so deep as to reach the point of absurdity'