Trespass to land goods and related defences Chapter

Trespass to land goods and related defences Chapter 8. 6

Trespass to land • Courts have always been asked to settle matters which sought to protect the rights of landowners • Trespass protects the landowner from the unauthorised intrusion of land • Damage does not have to be proven • It also equally protects the tenant who rents the land

It must be shown; • Direct contact with the land • It was unauthorised • The land is in the possession of the plaintiff • Can include objects making contact ie, bulldozer, breaking a fence • Can include above and below the plaintiffs land (other than planes and mineral excavation)

Defences to trespass to land • Consent from the plaintiff • Authorised by legislation (gas/electricity meter reading) • Implied consent given to enter property (eg shopping centres) but must leave when asked.

Trespass to goods Protects the rights of a plaintiff to possess and maintain their goods without being interfered • This includes; • taking goods and putting them elsewhere • Damage to goods • Any type of goods can be included in this tort

Defences to trespass to goods • Interference was indirect • The plaintiff was not in possession of the goods • Interference was not intentional

Your Turn • Complete the cross word Or • Complete Questions 3 -7