Trespass to land and 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