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PD 51Z (as amended) expressly provides however, that claims against trespassers under CPR 55.6, claims for an interim possession order under Section III of Part 55 and claims for injunctive relief are not subject to the stay on possession and enforcement.
Feb 27, 2020 · Walker Morris’ Commercial Dispute Resolution specialists Gwendoline Davies highlight helpful guidance to come out of recent case law in this area. What is the issue? Many landowners have experienced the nuisance, damage to property, disruption to business and expense of dealing with trespassers.
Sep 2, 2024 · Trespass is not of itself a criminal offence. However there are some offences in which trespass is an essential element and this guidance sets out the most commonly encountered examples...
- The Ways in Which Trespass May Occur
- Possession of Land
- Continuing Trespass
- Mistaken Or Negligent Entry
- Defences
- Remedies
1. Entering upon land Walking onto land without permission, or refusing to leave when permission has been withdrawn, or throwing objects onto land are all example of trespass to land. For example, see Basely v Clarkson (1681) 3 Lev 37, below. 2. Trespass to the airspace Trespass to airspace above the land can be committed. In Kelsen v Imperial Toba...
This tort developed to protect a person’s possession of land, and so only a person who has exclusive possession of land may sue. Thus, a landlord of leased premises does not have exclusive possession, nor does a lodger or a licensee. However, a tenant or subtenant does.
A continuing trespass is a failure to remove an object (or the defendant in person) unlawfully placed on land. It will lead to a new cause of action each day for as long as it lasts (Holmes v Wilson and others (1839) 10 A&E 503; Konskier v Goodman Ltd [1928] 1 KB 421). For example, in Holmes v Wilson and others (1839) the Ds built supports for a ro...
Trespass to land is an intentional tort. However, intention for the act is required, not an intention to trespass. Consequently, deliberate entry is required and lack of knowledge as to trespass will not be a defence (Conway v George Wimpey & Co [1951] 2 KB 266, 273). Mistaken entry (Basely v Clarkson (1681) 3 Lev 37) In Basely v Clarkson (1681) 3 ...
Licence A licence is a permission to enter land and may be express, implied or contractual. A dictionary definition is as follows: If a licensee exceeds their licence, or remains on the land after it has expired or been revoked, the licensee becomes a trespasser (Wood v Leadbitter (1845) 13 M&W 838; Hillen v ICI (Alkali) Ltd [1936] AC 65). Such a p...
Remedies include: 1. Damages (which will be nominal if there is only slight harm to land). 2. An injunction to prevent further acts of trespass (at the discretion of the court). 3. An action for the recovery of land if a person has been deprived of lawful possession of the land (formerly known as ejectment). Note 1:an action cannot be brought to re...
This law lecture covers the tort of trespass including trespass to the person, trespass to land and trespass to goods, looking at various scenarios and case examples.
This chapter discusses trespass to land and defences. Trespass can be committed in various ways, provided that the interference is direct and immediate. The boundary between trespass and other torts, particularly nuisance, is sometimes difficult to draw.
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What is a trespass to land?
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Trespass is the unlawful presence of a person on land in the possession of another. For examples of acts which have been found to amount to trespass, see Practice Note: Trespass—claims and defences .
