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:

Buy the full version of these notes or essay plans and more in our Tort Law: Nominate Torts Notes.