Trespass to Land cases

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1. The landowner owns as much airspace 'as is necessary for ordinary use and enjoyment of land' - Temporary drone, not trespass

  • Anderson v Bryan
  • Harrison v Duke of Ruthland
  • Bernstein v Skyviews
  • Anchor v Berkley
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2. C must have a better right to possession - C did not have lease, landlord had better right to posession

  • Revill v Newbury
  • Bernstein v Skyviews
  • Delaney v Smith
  • Smith v Stone

3. Trespass is any direct entry or interference with land - Ladder

  • Bernstein v Skyviews
  • Delaney v Smith
  • Westripp v Baldock
  • Anderson v Bryan

4. Placing objects/people on C's land is trespass - threw D onto C's land

  • Smith v Stone
  • Bernstein v Skyviews
  • Anderson v Bryan
  • Westripp v Baldock

5. Necessity can be a defence to TTP - police fired gas into a shop to get out a dangerous criminal

  • Delaney v Smith
  • Smith v Stone
  • Rigby v Chief Constable
  • Basely v Clarkson

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