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Trespass to land

Definition:
- unreasonable interference with another persons possession of land
- unreasonable interference with an owners right to exclusive possession of real property
- the tort of trespass to land is actionable per se
2 elements: intention and interference
1st element: Intention
- Df must have intention to trespass another persons land
- x intention to trespass, no voluntary entry
- mistaken action may amount to voluntary action and thus intentional
- in Conway v George Wimpey
- the court held that deliberate entry is sufficient
- it is irrelevant that the Df x not know that he is entering the Pfs land
- or he reasonably believes that the land is his
- Smith v Stone
- the Df was brought onto the Pfs land without his consent
- x trespass because the entry was done involuntarily by him
2nd element: interference
4 factors: entering land in pfs possession, remaining on Pfs land, placing a thing on
pfs land, interference with airspace
1. Entering land in Pfs possession
- Hickman v Maisey
- the court held that there was interference because the Df had the intention of walking on
the road and spying voluntarily
2. Remaining on Pfs land
- a continuing trespass occurs if the Df remains unlawfully on the land or the object fails
to be removed
- in Tay Tuan Kiat v Pritam Singh
- it was held that the wall, which encroached onto the Pfs land, constituted a continuing
trespass as long as the wall was not demolished.
3rd factor: Entering or placing an object on Pfs land

- Holmes v Wilson
- the Df was found liable for not removing the buttresses on the Pfs land despite he had
paid compensation to the Pf
4th factor: interference to airspace
- Wandsworth Board of Works v United Telephone
- unauthorized wire above the Pfs land constituted trespass to airspace
Remedies:
- pay for damages which will be nominal if there is slight harm to land
- injunction
- recovery of land if the person is deprived of lawful possession of land

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