BCL Law Notes > Tort Law: Nominate Torts Notes
This is an extract of our Nominate Torts Tresspass To Land document, which we sell as part of our Tort Law: Nominate Torts Notes collection written by the top tier of University College Dublin students.
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TRESSPASS TO LAND
TRESSPASS:
'Intentional or negligent entering or remaining on, or directly causing any physical matter to come into contact w/ land in the possession of another '
Part of the requirement:
1) defendant must act voluntarily
Smith v Stone
Stone sued by smith having been thrown onto smiths land by his friend.
- Not liable as it was inadvertent 2) D acted negligently or intended to do so - STATE OF MIND.
LAND:
Cujus est solum, ejus est usque ad coelum et usque ad inferos"
- Anything as far as the heavens to the centre of the earth
Not just the surface, the air space, everything of any height protected by tort of trespass land
Willcox v Kettle
- Air space at any height
• Air navigation and transport act 1946 caters for air navigation as an exception to trespass.
PROPER PLAINTIFF
• In possession of the land
• Going to be the legal owner - most likely the person in possession but not always
• Who is in possession? POSSESSION
Hegan v Carolan 1916
Assertion of right over land by cutting trees - D broke the locked gate and placed cattle on the land.
- The right to cut trees gave him possession right
Cronin v Connor 1913
- Persons with legal or equitable profit or easement may sue
• Easement: right one has in relation to hand (fishing, turf cutting, shooting rights)
• Once you have a minor right you have sufficient possession for an action for trespassing
INSUFFICIENT POSSESSION
Cooney v Cooney 1920
- Purchasers equity not sufficient
• When you purchase a property, on agreement of payment, you normally pay a deposit to secure the deal
• The usual deposit is 10%
• On payment of this, the purchaser acquires 'purchaser's equity' in the value of the profit
• So, you become equitable owner of 10% of the property
• This is held in a trust by owner for the purchaser's benefit until payment completed
• So if you're waiting, you cant sue for trespass
Exceptions:
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