Law of TortLaw of TortTutorial Week 8Tutorial Week 8

Trespass to LandTrespass to Land

IntroductionIntroduction

• Teresa Owner of the apartment

• Winnie Tenant of the apartment

• Alice Neighbour

FactsFacts

• Teresa rented her apartment to Winnie.• One night, Alice entered the backyard

of Teresa’s apartment.• Alice excavated under the land and took

away some minerals there.• Alice also caused damage to the flower-

beds.

IssuesIssues1. Can Teresa sue Alice on tort?

2. Can Winnie sue Alice on tort?

3. In which area of tort?

4. What rights do Teresa and Winnie have?

5. What tort rules did Alice’s acts contravene? (if she is liable)

6. What are the remedies if Alice is liable?

DefinitionsDefinitions

• Trespass to Land:

“ Every unjustifiable interference with the possession of another’s land is a trespass”

• Land:

“It comprehends every species of ground such as soil or earth whatsoever and includes also minerals, houses and other buildings.”

Acts Amounting to TrespassActs Amounting to Trespass

• Direct

• Intentional

Examples:

• Entering P’s land

• Causing damages to P’s land

• Taking minerals from P’s land

ApplicationsApplications

• Entering Teresa’s land without permission

Interference with the possession

of another’s land

ApplicationsApplications• Both Teresa and Winnie have

Actual Possession to the land.

• Winnie can sue based on the possession of exclusive use of land (Entry to house; Damage to land and flowers)

• Teresa can sue based on the permanent damage to the land (Taking away of minerals)

ApplicationsApplications

• Dig or Removal of Soil• Damage to the flower-beds ( Minter v Eacott)

• Trespass beneath the surface• Lessee (Winnie) can sue but the lessor

(Teresa) can’t sue in trespass to land during the subsistence of the lease.

(Lofton v. Waterhouse)

ApplicationsApplications

• Taking minerals from P’s land is a Permanent Damage.

• Teresa (Lessor) holds a

Reversionary Interest and can sue Alice in permanent damage to the land.

(Baxter v. Taylor)

RemediesRemedies

• Damages:

To Owner: Loss of minerals

To Tenant: Expenses to repair the damage/ to restore to the same position