LLB102 Lecture Notes - Lecture 2: Implied Consent, Imperial Brands, Reasonable Person
Document Summary
Trespass to land is a direct interference with land in the possession of another, without lawful justification or the occupier"s consent. Entering someone"s land with a wrongful purpose. Causing object to go into another"s land. Indirect interference - action in nuisance (action on the case) Elements: title to sue, a direct unauthorised interference with land, fault of the defendant, title to sue. Not based on ownership (*newington v windeyer) Legal tenant has actual exclusive possession (*kelsen v imperial tobacco co - tenant has title to sue even if the party committing trespass had authority from the landlord) Licensee (does not have exclusive possession to the land - does not have title to sue) does not have title to sue (*western australia v ward) Trespass by relation (plaintiff may bring an action in trespass for interferences between time right of possession arose and actual taking possession: a direct unauthorised interference with land. Must be a direct interference (textbook pg 418)
