Element (iii)
Interference
The defendant interferes with the land.
Element (iv)
Intention
The defendant interferes with the land intentionally.
Element (v)
Permission
The plaintiff has not given the defendant permission to interfere
with the land.
Element (vi)
Defences
There are no defences available to the defendant.
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Consequences (i)
Damages
(i) Interference. These damages are calculated by reference to
the circumstances of the interference.
(ii) Loss. These damages compensate the plaintiff for their actual
loss.
Consequences (ii)
Injunction
Generally to obtain an injunction a plaintiff needs to show that
there is a reasonable possibility that the trespass will be repeated.
Figure 18.2 Elements and Consequences of Trespass to Land
Organising the Case: Model for Litigation
We can now proceed to organise this case according to the model for
litigation. This illustrates how each element of the cause of action needs to be
satisfied by the appropriate fact and how each fact needs to be proved by
evidence:
Law
Facts
Evidence
(i) Land
The house and land at 12 Big
St Smallville
The house and land can be tendered in
evidence.
(ii) Possession
Stuart Little owns and lives
in the house. It is his family
home.
(i) Stuart Little can produce the title
documents for his house to prove
ownership.
(ii) Stuart Little can give evidence himself
that he lives in the house and that it is his
family home.
(iii) Interference
Mary Grand enters Stuart
Little’s yard and takes a
lemon from his lemon tree.
Wednesday, 5 April about 12.00
(i) Sally in No 14 Big St sees Mary Grand
from No 16 walking towards Stuart Little’s
house at No 12.
(ii) Five minutes later Sally sees Mary
walking back towards her own house at No
16. Mary was carrying a lemon that she
was tossing in the air, at the same time
displaying a triumphant look on her face.
Wednesday, 5 April about 18.30
(iii) Front Line Freddy hears Mary say: “I
finally fixed that obnoxious man Little
Stuart as I call him”.
Saturday, 8 April about 10.15
(iv) Nosey Parker saw Mary bringing a
lemon meringue tart to her parish fete, held
in the grounds of the Church of St Jude the
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Defences could be fleshed out more but it is not done. None of the defences
apply here and a fuller account is omitted in the interests of brevity and
simplicity.
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