⇒ Trespass to land is the direct incursion on land in the possession of another

⇒ A 'direct' incursion on another's land, means that a foreign object has been allowed to make contact on someone else's land

• Sometimes the line between directness and indirectness is not so clear (see, for example, Gregory v Piper (1829))

⇒ The action has to be deliberate (i.e. intentional) but you don't have to intend for it to be trespass (i.e. trespass still exists even if you think you are doing nothing wrong)

• See J A Pye (Oxford) Ltd v Graham (2003)

⇒ There is some debate as to whether negligently stepping on someone's land is trespass

• See the case of League Against Cruel Sports v Scott [1986] → this case shows that trespass can result from negligent failure to ensure dogs do not go onto another’s land

⇒ The defendant won't be guilty of trespass if he/she has statutory permission or legal justification for being on the claimant's land e.g. when the police are making arrest

⇒ The defendant won't be guilty of trespass if he/she has permission (i.e. a 'licence') to be on the land (whether that be implied or expressed). For more notes on licences, see here

⇒ Trespass to airspace (see, for example, Kelsen v Imperial Tobacco (1957))

• In the case of Bernstein v Skyviews [1978] it was said that you own the airspace that is necessary for the ordinary use and enjoyment of your land
• The Civil Aviation Act 1982 says that if planes are flying over your property it is not a trespass/nuisance so long as the height it is flying is reasonable in the circumstances (s.76(1)) → the exception to that is if it is Her Majesty (s.49(3))

⇒ Trespass underground (see, for example, Star Energy v Bocado [2010])

⇒ Ejection (using reasonable force):

• You may eject a trespasser from you land (Hemmings v Stoke Poges GC [1920])
• If you have told someone to leave and they don't leave you can use reasonable force e.g. cinema staff
• To eject someone from the land you just need a better title to the land than the trespasser e.g. Manchester Airport v Dutton

⇒ Injunction

• For example, in League Against Cruel Sports v Scott [1986] the league got an injunction against the hunt, meaning that the hunt were not allowed to go near the League's property.

⇒ Damages

• You can get damages for diminution of value (i.e. differences in cost of what it was worth and its new worth). For example, if you had property worth £100 but now you sprayed graffiti on it, it is only worth £80
• You can get damages for cost of cure i.e. how much it would cost to make it better
• You can aggravated damages (i.e. damages for injury to feelings) for malice or trespass to your home (Stanford International Bank v Lapp [2006]). So if you are maliciously trespassing on my land doing it for no other reason to upset me, and it does upset me, then I might be able to get some aggravated damages

⇒ A hypothetical licence fee

• See the case of London Borough of Enfield v Outdoor Plus [2012]

⇒ Mense Profit (i.e. rent)

• See he case of Inverugie Investment v Hackett [1995]

⇒ A person with permission or right to possession of the land e.g. a tenant of the leasehold (Cooper v Crabtree (1882))

⇒ It is NO defence for the defendant to argue that the claimant him/herself is a trespasser. In other words, it is possible for a squatter (i.e. a trespasser) to evict another trespasser as the squatter has de facto possession of the land