Law of Tort Tutorial Week 8

1. Law of TortTutorial Week 8 Trespass to Land

2. Introduction • Teresa  Owner of the apartment • Winnie  Tenant of the apartment • Alice  Neighbour

3. Facts • 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.

4. Issues • Can Teresa sue Alice on tort? • Can Winnie sue Alice on tort? 3. In which area of tort? 4. What rights do Teresa and Winnie have? • What tort rules did Alice’s acts contravene? (if she is liable) • What are the remedies if Alice is liable?

5. Definitions • 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.”

6. Acts Amounting to Trespass • Direct • Intentional Examples: • Entering P’s land • Causing damages to P’s land • Taking minerals from P’s land

7. Applications • Entering Teresa’s land without permission  Interference with the possession of another’s land

8. Applications • 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)

9. Applications • 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)

10. Applications • 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)

11. Remedies • Damages: To Owner: Loss of minerals To Tenant: Expenses to repair the damage/ to restore to the same position