<p>Trespass to land</p><p>Definition: 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. (There is no need to prove damage).</p><p>The ways in which trespass can occur: 1. Entering upon land. E.g. walking onto land without permission or refusing to leave when permission has been withdrawn or throwing objects on land. Basely v Clarkson (1681) D owned land adjoining C’s and whilst mowing his own lawn he involuntarily and by mistake mowed down some grass on the C’s land. C was successful in claiming against trespass. This case is also an example of mistaken entry.</p><p>2. Trespass to the airspace. E.g. there can be trespass to airspace if the D is within a reasonable height. Kelsen V Imperial Tobacco Co. (1957) D committed trespass by allowing an advertising board to project 8 inches into C’s property at ground level and another above ground level.</p><p>3. Trespass to the ground beneath the surface. Bulli coal mining Co. V Osborne (1899) The D’s mined form their land through the C’s land.</p><p>Involuntary entry An involuntary trespass is not actionable. E.g. Smith V Stone (1647) D was carried onto C’s land by force and violence of others. There was trespass by the people who carried D onto the land but not by the defendant.</p><p>Negligent entry A negligent entry is possible and was considered in League against cruel sports V Scott (1985). A keeper of foxhounds (D) was liable for allowing the hounds to trespass onto the land owned by another person (C) during a hunt.</p><p>Rights of entry * A private right of way granted to the D * Public right of way * A right given by a common law * A right of access given by a statute</p><p>Continuing trespass A continuing trespass is a failure to remove an object (or the defendant) unlawfully placed on the land. It will lead to a new cause of action each day as long as it lasts. Holmes v Wilson (1839) The D’s trespassed onto the C’s land to erect buttresses to support a sinking road. The C was able to sue again when the defendants failed to remove the buttresses.</p><p>Possession of land This tort developed to protect a person’s possession of land and so only a person who has exclusive possession of land may sue. Thus, a landlord of leased premises does not have exclusive possession, nor does a lodger or licensee. However a tenant or subtenant does. Street V Mountford (1985)</p>