Trespass to Land

 

Trespass to land is any unlawful entry onto land or buildings in the possession of another person.

Trespass to land is actionable per se, meaning that the claimant does not have to prove that the trespasser caused any damage ñ the fact of the trespass is enough to prove the case.

Trespass to land can be committed in a number of different ways:

bullet Walking, riding or driving across another personís land;
bullet Sitting on someoneís fence or wall;
bullet Throwing objects on to the land;
bullet Allowing oneís animals to go onto the land;
bullet Digging a tunnel under another personís land or buildings.

The claimant must be in possession of the land in order to have the right to sue for trespass.

Defences

The main in defences to trespass are that:

a)     The defendant had authority in law to be there, e.g. police with a search warrant;

b)    The defendant had a licence to be there, e.g. a ticket to a football match;

c)     The defendant was reclaiming goods belonging to him which the claimant had put on the land;

d)     The trespass was necessary to save life;

e)     The defendant was abating a nuisance.

What remedies are available to the claimant in a civil court action for trespass?