#17502 - Nominate Torts Tresspass To Land - Tort Law: Nominate Torts

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: