Questions On Trespass And Land

2103 Words Nov 17th, 2015 9 Pages
In this assignment, I will be explaining what trespass to land is and what is needed to prove trespass to land. Next, I will be further explaining if there are any legal principles that are relevant for any claims in trespass to land.

Trespass to land, is law, which protects the claimant against direct or unjustifiable interference with his or her possession of land . Firstly, it is crucially important to define trespass to land. Trespass to land is defined as intentionally or negligently entering or remaining on, or directly causing any physical matter to come into contact with land in the possession of another . So, in other words Trespass to land occurs when a person enters another persons land without the consent of the owner, or remains upon the land, or places or projects any object upon land . The word ‘trespass’ is defined as ‘an unlawful intrusion that interferes with ones person or property’. As I further researched, I discovered that arguments have arisen about the term trespass to land, that there is not a specific definition. The first example is from writers of the textbook Clerk & Lindsell who define trespass to land as ‘[It] consists of any unjustifiable intrusion by one person upon land in the possession of another’. This definition of Trespass to land was identified by Shanley J, in the case of Royal Dublin Society v Yates .

There is a recognisable comparison with the tort of private nuisance, which in the same way deals with an unjustifiable…
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