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Trespass to land

  • Mark Lunney

Research output: Chapter in Book/Report/Conference proceedingChapterResearch

Abstract

This chapter is concerned with the intentional interference with aperson's 'possession' of land.The tort of trespass to land is constituted by the commission of anintentional act which results in the immediate and direct entry onto land in the possession of another without justification:"Our law holds the property of every man so sacred, that no man can set his foot upon his neighbour's close without his leave; if he does it is a trespass though he does no damage at all; if he will tread upon his neighbour's ground, he must justify it by law."The gist of the tort is the entry upon land, and any entry, no matter how trivial and irrespective of whether any damage is caused, will amount to a trespass unless justified.
Original languageEnglish
Title of host publicationThe Law of Tort
EditorsKen Oliphant
Place of PublicationLondon, United Kingdom
PublisherLexisNexis Butterworths
Pages485-534
Edition2
ISBN (Print)9781405712408
Publication statusPublished - 2007

Publication series

NameButterworths common law series

Keywords

  • Tort Law

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