1. Trespass to land and goods and related defences
Chapter 8.6

2. 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

3. 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)

4. 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.

5. 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

6. Defences to trespass to goods
Interference was indirect
The plaintiff was not in possession of the goods
Interference was not intentional

7. Your Turn
Complete the cross word Or
Complete Questions 3-7