TRESPASS TO LAND

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Harrison v Duke of Rutland
There is no trespass when the public cross/walk along a highway. This includes activities on the highway, provided they do not cause private/public nuisance, obstruct the highway or stop the general public use of the highway.
1 of 15
Anchor Brewhouse Developments v Berkley House Developments
There will be a trespass if the defendant enters the claimants airspace at a height which interferes with the ordinary use and enjoyment of the claimants land.
2 of 15
Holmes v Wilson
If a trespass continues, the claimant is entitled to bring a series of legal actions for as long as the trespass lasts
3 of 15
League Against Cruel Sports v Scott
Entry of the claimants land must be intentional. It is not a trespass if the defendant enters involuntarily
4 of 15
DPP v Jones
There is no trespass when the public cross/walk along a highway. This includes activities on the highway, provided they do not cause private/public nuisance, obstruct the highway or stop the general public use of the highway.
5 of 15
Bernstein v Skyviews
There will be a trespass if the defendant enters the claimants airspace at a height which interferes with the ordinary use and enjoyment of the claimants land.
6 of 15
Anderson v Bryan
Trespass is a direct interference (entry onto land in possession of another, including a wall)
7 of 15
Delaney v TP Smith
The claimant does not have to own the land, but must be in possession of it. C must have a better right to exclude others from it.
8 of 15
Saunders v Smith
There will be a trespass if the defendant enters the claimants airspace at a height which interferes with the ordinary use and enjoyment of the claimants land.
9 of 15
Smith v Stone
Trespass is a direct interference (throwing objects onto the land)
10 of 15
Westripp v Baldock
Trespass is a direct interference
11 of 15
Revill v Newbury
Self help - A landowner may use no more force than is necessary to remove a trespasser from his land.
12 of 15
Rigby v Chief Constable of Northamptonshire
Necessity is a defence, if there is a perceived danger/threat to the property or people
13 of 15
Monsanto v Tilly
Courts are cautious about alowing necessity as a defence
14 of 15
Basely v Clarkson
Trespass is a direct interference (taking things away from the land)
15 of 15

Other cards in this set

Card 2

Front

There will be a trespass if the defendant enters the claimants airspace at a height which interferes with the ordinary use and enjoyment of the claimants land.

Back

Anchor Brewhouse Developments v Berkley House Developments

Card 3

Front

If a trespass continues, the claimant is entitled to bring a series of legal actions for as long as the trespass lasts

Back

Preview of the back of card 3

Card 4

Front

Entry of the claimants land must be intentional. It is not a trespass if the defendant enters involuntarily

Back

Preview of the back of card 4

Card 5

Front

There is no trespass when the public cross/walk along a highway. This includes activities on the highway, provided they do not cause private/public nuisance, obstruct the highway or stop the general public use of the highway.

Back

Preview of the back of card 5
View more cards

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