LLB102 Lecture Notes - Lecture 2: Imperial Brands, Subsoil, Reasonable Time
Document Summary
Trespass to land: direct interference with land in the possession of another, without lawful justification or the occupier"s consent, unwanted, unpermitted entry, physical intrusion, action on the case (nuisance) for indirect interference with land. Elements: title to sue, plaintiff must have exclusive possession of the land at the time of the interference (newington v windeyer, tenants have actual exclusive possession over landlords (kelsen v. Then become unauthorised from initial entry: continuing trespass - if defendant remains on land or leaves goods on land, a separate trespass action occurs each day (konskier v b goodman. Intentional or careless: voluntary (public transport commission of nsw v perry, motive/mistake irrelevant. Defences to trespass: consent, valid consent, act within scope of given consent (barker v the queen, not obtained by fraud (r v williams, not obtained by duress - only consented under pressure (aldrige v.
