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.

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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 obstruct the highway by unreasonably impending the primary right of the public to pass and repass; within these qualifications there is a public right of peaceful assembly on the highway. Therefore, the entry of such land without explicit permission is justifiable and not always actionable.

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The law on trespass by relation states that a person who had a right to take immediate possession of land, and enters it in order to exercise that right, is regarded as having been in possession ever since the right of entry accrued. They may therefore sue for any trespass committed since the right of entry accrued. This principle allows a tenant to sue for any trespass committed between the time when the tenancy was agreed and the time when they took possession of it. In other words, only the possessor of such land will be able to sue ...

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