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9084 · 4.2.4

Trespass to land — practice questions

Practice and worked examples for 9084 Trespass to land. Short previews only — attempt the full question in MarkScheme against the official scheme.

Worked example 1

Protesters walk across a farmer's field without permission to reach a public footpath, trampling crops worth £200. The farmer asks about trespass. Advise. [12 marks]

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Elements:

  1. Land in C's possession: Farmer occupies/controls field — satisfied.
  2. Direct interference: Physical entry onto land by walking — direct trespass (Basely v Clarkson — even minor direct interference suffices).
  3. Without lawful justification: No express permission. Public footpath defence fails if protesters crossed private field not on path — route matters (Harrison v Duke of Rutland — staying within rights avoids trespass; deviating = trespass).
  4. Damage: Not required for liability — trespass actionable per se. Nominal damages available even without crop loss.

Additional damages: Actual crop damage (£200) recoverable as consequential loss from trespass.

Defences: Necessity rarely applies to protest; public right of way only if on designated path.

Remedies: Damages for crops + possible injunction preventing repeat crossings (Coventry v Lawrence — injunctions also available in land torts).

Contrast nuisance: If smoke from factory drifted over field — indirect = nuisance, not trespass.

Conclusion: Protesters committed trespass; farmer entitled to damages and may seek injunction.

Worked example 2

BuildFast Ltd, a construction company, mistakenly used a 250 square metre section of an adjacent commercial yard owned by Clara for storing heavy machinery for 4 months. They caused no physical damage. The standard commercial rate for such open storage in the area is £12 per square metre per month. Advise Clara on the damages she can claim for trespass.

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  1. Identify the Tort: The issue is trespass to land. The elements are satisfied: Clara is in possession of the yard, BuildFast Ltd's act of placing machinery on it is a direct interference, and it was done without her permission (licence). The mistake of boundary is not a defence (Basely v Clarkson).
  2. Principle of Damages: As trespass is actionable per se, Clara can sue even without physical damage. The court can award damages to compensate for the defendant's wrongful use of the land. This is calculated as a reasonable rental value for the period of trespass, known as 'mesne profits' or 'user damages' (Inverugie Investments Ltd v Hackett).
  3. Step 1: Calculate the monthly value of the trespass.
    • Area used: 250 sq. metres
    • Market rate: £12 per sq. metre per month
    • Monthly value = 250 sq. m × £12/sq. m/month = £3,000
  4. Step 2: Calculate the total damages for the full period.
    • Duration of trespass: 4 months
    • Total damages = Monthly value × Duration
    • Total damages = £3,000/month × 4 months = £12,000
  5. Conclusion: Clara can claim £12,000 in damages from BuildFast Ltd for the wrongful occupation of her land. This sum represents a reasonable fee for the use of the land. She could also have sought an injunction to have the machinery removed during the trespass.
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