TY - CHAP
T1 - Trespass to land
AU - Lunney, Mark
PY - 2007
Y1 - 2007
N2 - 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.
AB - 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.
KW - Tort Law
UR - http://books.google.com/books?id=p1FsAAAACAAJ
UR - http://nla.gov.au/anbd.bib-an42115413
M3 - Chapter
SN - 9781405712408
T3 - Butterworths common law series
SP - 485
EP - 534
BT - The Law of Tort
A2 - Oliphant, Ken
PB - LexisNexis Butterworths
CY - London, United Kingdom
ER -