• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Entry to anothers land without permission is never justifiable and is always actionable per se. Discuss the above view of the tort of trespass to land.

Extracts from this document...

Introduction

Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects any object upon the land. This tort is usually actionable per se as claimants do not need to prove damage. By contrast, nuisance is an indirect interference with another's use and enjoyment of land, and normally requires proof of damage to be actionable. With regards to trespass on highways, in Hickman v Maisey, it was traditionally thought that anyone who uses the highway for any other purpose (abuse) becomes a trespasser. This means use other than for passing and repassing and other incidental use which does not interfere with, or obstruct, the highway. In DPP v Jones, the defendants had staged a demonstration at the side of the road. None were behaving in a destructive or violent way, and nobody else using the highway was obstructed by their presence. It was held that the public highway is a public place which the public may enjoy for any reasonable purpose, provided that the activity in question does not amount to public or private nuisance and does not ...read more.

Middle

Later, they ordered more wine, and this time refused to pay. It was held that a wrongful act committed at this stage could retrospectively render their original entry unlawful. However, the defendants were held not liable because they had not committed an act, only an omission, and this was not enough to create liability (failing to pay). To be liable for trespass, the defendant must have intended to do the action that amounted to the trespass. They do not have to have intended to commit a trespass, or to know that what they did would be a trespass. Nor do they need to have any intention to cause problems for the claimant, or have any kind of hostile purpose. In Basely v Clarkson, the defendant was cutting grass, and without realizing, went over the boundary onto his neighbour?s land. This was held to be trespass, because he intended to cut the grass he was cutting, even though he did not intend to cross his neighbour?s boundary. Where a person trespasses accidentally, either being unaware that the land is private, or mistakenly believe it is their own, liability is incurred nevertheless. ...read more.

Conclusion

In such circumstances, trespass to land may be justifiable and would not be actionable. If an action for trespass to land is successfully brought, plaintiff may be able to ask for damages. If there is damage suffered by the claimant, substantial damages may be given to compensate the claimant. This would include profits taken by defendant during the occupation- so long as it is deemed reasonable. There are some instances when injunctions are a more suitable remedy. They are a prohibition in order to allow the claimant to enjoy use of their land. Injunctions are granted at the discretion of the court and can be used to prevent threatened or repeated breaches. In cases where trespassers refuse to leave, landowners may use reasonable force to expel trespassers. However, this is not encouraged as it may amount to breach of peace. Squatters, for example, whose presence is continuous and threatens to be permanent, an action for recovery for land could be brought against them. Police are given powers under the Criminal Justice and Public Order Act 1984 to remove such persons. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Areas of PACE

    Sections 18 and 32 are only applicable after an arrest has been made and so are also not related to the case. Under section 19, however, the police seized a computer, believing it to be evidence of a crime. Although the action of seizing the computer is lawful, within the

  2. Free essay

    police powers

    They set the standards for the way the police handle complaints, and when some thing has gone wrong, they help learn lessons and improve the way they work. CCRC 1. Who are they? The CCRC stands for the Criminal cases review commission is the independent public body set up to

  1. Property Offences, Corporate Manslaughter and Police Powers of Search and Entry.

    on which a job has been done or in respect of which service has been supplied, this has been stated in the Theft Act 1978 in section 3. This section is planned to look after genuine business concerns and it relates to where goods are supplied or it can be

  2. The justifiable use of force in self-defence depends entirely upon the circumstances in which ...

    It is not necessary for there to be a developing attack, the defendant can apprehend an attack. In Beckford (1988), a policeman's family was threatened by a local drugs gang. He pummeled the dealer with a chair leg and there was no death.

  1. Recognition Of Necessity

    The judgements by the lords in this specific case talk about the concept of the lesser of the two evils (source 10 line 31 and Source 11 line 16). This case and the judgements of a precedent nature bring about a distinction.

  2. A2 Law-making off without payment from a taxi.

    This meant that there was a breach of contract by the taxi driver and so the d was not bound to pay the fare. Applying this back to the scenario we can see that the journey was complete as there was a location given and the taxi successfully arrived at it.

  1. Critically discuss the Labour Governments record of crime control since coming to power in ...

    There is also a possible differential approach to the same questions by different social groups, as different words mean different things to different groups; for example, the understanding of what constitutes a ?gang? would differ between middle class and working class groups.

  2. Nina runs a burger bar. She puts up a sign in the window saying ...

    (which provide for different ways of committing the offence)." In Nina's case fraud by false representation, subsection 2(a) could be brought. There are a number of key elements that need to be examined in regards to Nina's false advertising. The actus reus is that the defendant must 'make a false

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work