9084 · 4.2.4
Trespass to land flashcards
Revision flashcards for Cambridge 9084 Trespass to land (syllabus 4.2.4). Flip, recall, then mark a real past-paper question.
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Trespass to land definition?
Unjustifiable direct interference with land in possession of another — actionable per se (no damage required).
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Who can sue?
Person in possession — not necessarily owner (Stone v Smith — tenant can sue).
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Forms of trespass?
Entry onto land; remaining after licence revoked; placing objects on land (Basely v Clarkson — mowing strip of neighbour's lawn).
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Trespass vs private nuisance?
Trespass = direct interference; nuisance = indirect/unreasonable interference with use of land.
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Licence and trespass?
Express or implied permission defeats trespass — exceeding licence or remaining after revocation may be trespass (Harrison v Duke of Rutland).
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Remedies for trespass?
Damages (including nominal); injunction; action for recovery of land (ejectment).
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What does 'actionable per se' mean in the context of trespass to land?
It means the claimant does not need to prove they have suffered any actual damage or loss to bring a successful claim. The act of trespassing itself is the legal wrong.
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What is the key principle from Bernstein v Skyviews & General Ltd (1978)?
A landowner's rights in the airspace above their property are restricted to such height as is necessary for the ordinary use and enjoyment of the land and the structures upon it.
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Explain the 'intention' required for trespass to land.
The defendant must have intended the physical act that constitutes the trespass (e.g., walking onto the land), but they do not need to have intended to trespass or known they were on another's land. A mistake is no defence.
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What is a 'licence' in the context of trespass to land?
A licence is permission given by the possessor of land to another person to enter or use that land. It can be express (verbal/written) or implied (e.g., a postman walking up a path). It is a key defence.
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Name two remedies for trespass to land, other than damages.
An injunction (a court order to stop the trespass) and re-entry (the right of the lawful possessor to retake possession of the land, using reasonable force if necessary).
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What are 'mesne profits' in a trespass claim?
A type of damages awarded for trespass, representing the financial loss suffered by the claimant due to being kept out of possession of their land. It is calculated as the reasonable rental value of the property for the period of the defendant's wrongful occupation.
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What is the principle from Bocardo SA v Star Energy (2010)?
A landowner's possession extends deep into the subsoil. Drilling for oil several hundred metres beneath a property without permission constitutes a trespass, even if it causes no interference to the surface owner's use of the land.
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When can the defence of 'necessity' be used in trespass?
Only in very limited circumstances, typically to save a life or protect property in an urgent situation of immediate peril. It cannot be used for private necessity if it damages the claimant's property (Southwark LBC v Williams) and is rarely successful.
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What is 'trespass ab initio'?
A legal doctrine where a person who enters land with lawful authority (e.g., under a statute) but then abuses that authority, is treated as having been a trespasser from the moment they first entered. See The Six Carpenters' Case (1610).