Trespass to Land cases 0.0 / 5 ? LawLaw of TortA2/A-levelOCR Created by: ThatHumanLaurenCreated on: 25-04-18 17:26 Land is surface soil and anything fixed to it (e.g buildings/trees) S205 Law of Property Act 1925 1 of 10 The landowner owns as much airspace 'as is necessary for ordinary use and enjoyment of land' - Temporary drone, not trespass Bernstein v Skyviews 2 of 10 Landowner owns subsoil on his land - concrete poured into fence post holes Anderson v Bryan 3 of 10 Subsoil beneath public roads belongs to owners on either side - used road to scare away birds, TP's on subsoil Harrison v Duke of Rutland 4 of 10 C must have a better right to possession - C did not have lease, landlord had better right to posession Delaney v Smith 5 of 10 Trespass is any direct entry or interference with land - Ladder Westripp v Baldock 6 of 10 Placing objects/people on C's land is trespass - threw D onto C's land Smith v Stone 7 of 10 Taking something away from C's land can be a trespass - grass cutting Bassely v Clarkson 8 of 10 Tresspass ab initio (lawful authority to enter but become a trespasser when they go beyond what they are permitted to do) - refused to pay The Six Carpenters 9 of 10 Necessity can be a defence to TTP - police fired gas into a shop to get out a dangerous criminal Rigby v Chief Constable 10 of 10
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