Tort of Trespass Trespass to Land Explanation with Case Law

What is Trespass to Land? entering of another person’s land or property without his or her permission or without lawful right Indirect Trespass Continuous Trespass

Case Law: Clements v. Preece Preece(defendant) is a lessee of the land Preece had permitted the Clements to use trail to access their home Clements(plaintiff trespasser) wants to subdivide his land and sell lots Preece thought that would bring negative effect for his land, therefore, he blocked the trail Clements obtained an interim injunction that required Preece to remove the obstruction and allow the use of the trail The Court concluded in accordance with a statute that Preece had every right to prevent the trespassing; therefore allowing Preece to win the case

Critical Analysis trespasser sues the lessee (the defendant) for not letting them trespass; Clements could sue for indirect trespassing (debris from barricade falls on Clements’ land) Blockade is erected to prevent potential trespassers; the decision to split/sell land increases chances of trespassing Temporary Injunction vs. Permanent Injunction all occupiers of a land have the exclusive right to evict and remove trespassers upon that land Preece is the occupier of the land; therefore he has every right to protect that leased land from trespassers

Thanks for Listening!