Trespass to Land

• Trespass to Land - definition

  The unjustifiable interference with land which is in the immediate and exclusive possession of another.

  It is actionable per se (without proof of damage), so there is no need to prove any damage
• Trespass to land - 1st requirement


  There must be direct interference
• Trespass to land - 1st requirement, Southport Corporation v Esso Petroleum


  COA held that D’s were liable for negligence and or trespass when oil was not directly on the foreshore, nut in the estuary.
• Trespass to land - 1st requirement, Bernstein v Skyviews


  The High Court stated that there was no trespass because C did not have an unlimited right to all the airspace above his land but only the right to that airspace as was necessary for the ordinary sue and enjoyment of his land and buildings
• Trespass to land - 1st requirement, Star Energy Weald Basin v Bocardo 


  SC held that Ds had trespassed when they drilled oil wells that were 244 metres to 853 metres below the surface of C’s land.

  Lord Hope stated a person owns below the earth to such a point that the pressure and heat renders ownership absurd
• Trespass to land - 2nd requirement


  The trespass must be voluntary
• Trespass to land - 2nd requirement, Stone v Smith


  It was held that a person who is forcibly carried or thrown onto the land is not trespassing. It can only be a trespass if the person has voluntarily entered the land.
• Trespass to land - 3rd requirement


  There is no need for the D to be aware he is trespassing
• Trespass to land - 3rd requirement, Conway v George Wimpey & Co 


  COA held that a person could be liable for trespass even if he is mistaken about the ownership of land or wrongly believes he or she has permission to enter the land
• Trespass to land - actionable per se


  There is no need to prove any damage
• Trespass to Land - Defences

  Legal authority (i.e. under PACE 1984);

  License (Wood v Leadbitter);

  Necessity (Rigby v Chief Constable of Northamptonshire)