Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/2277
Title: Trespass to land
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2007
Handle Link: https://hdl.handle.net/1959.11/2277
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.
Publication Type: Book Chapter
Source of Publication: The Law of Tort, p. 485-534
Publisher: LexisNexis Butterworths
Place of Publication: London, United Kingdom
ISBN: 9781405712408
Fields of Research (FoR) 2008: 180126 Tort Law
HERDC Category Description: B1 Chapter in a Scholarly Book
Publisher/associated links: http://books.google.com/books?id=p1FsAAAACAAJ
http://nla.gov.au/anbd.bib-an42115413
Series Name: Butterworths common law series
Editor: Editor(s): Ken Oliphant
Appears in Collections:Book Chapter
School of Law

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