Defences to Intentional Torts Defences for Interference with Property
As with unintentional torts it is up to the plaintiff to prove that the defendant intentionally attempted to interfere with their property
The main defences for interferences with property Consent Defence of property Legal authority Statutory authority
Consent If an individual invites you on their property and you do not damage anything To cut the grass – not root through their garage
Defence of Property The use of reasonable force to evict someone from your property Trespasser has to be asked to leave first
Legal Authority Police, tax assessors have the right to enter premises generally with the permission of the owner or with an owner
Statutory Authority Defence used when the actions of the individual are allowable City working on the streets in you neighbourhood