consequences, damages and injunction. When elaborated and organised these
elements and consequences are as follows:
Elements
Element (1) Land.
There is a piece of land.
Element (2) Possession.
The plaintiff has a right to possess the land.
Element (3) Interference.
The defendant interferes with the land.
Element (4) Intention.
The interference was intentional.
Element (5) Permission.
The interfered was done without the plaintiff’s permission.
Element (6) Defences.
The defendant cannot rely on one of the several defences to
trespass.
Consequences
Consequence (1) Damages
Damages are awarded:
(i) To compensate for the interference itself.
(ii) To compensate for any actual damage to the land.
Consequence (2) Injunction
An injunction is a court order that restrains future trespasses by
the plaintiff.
Figure 3.6 Trespass to Land: Elements and Consequences
Now, to illustrate the division of an element into its subelements, the element
"land" in the tort of trespass can be subdivided as follows:
1. Land
Land may be either of the following:
(1) Surface. One legal form of land is land on the surface of the earth. This is extended or
defined by:
A. Air space. Air space is something that is above land.
B. Sub-soil. Sub-soil is something that is below land.
C. Middle line. Land can extend to the middle line of adjacent roads or water, something
that is beside land.
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which it is used here, a defence means a legal defence. For example, if a plaintiff
has established the other five elements of trespass, a defendant can escape
liability by raising one of the defences such as necessity or statute. To illustrate
this, the defendant may be an inspector from the agriculture department and there
is a statute that authorises them to enter land to inspect for diseased animals.
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This happens because of the rule known generically as the medium filum
(middle line) rule or the usque ad medium filum (as far as the middle line) rule (and
sometimes the usque
is omitted). It applies to both land, when it is labelled ad
medium filum viae rule (middle line of the road) and non tidal streams, when it is
labelled the medium filum aquae rule (middle line of the water). It applies when the
following requirements are satisfied. (i) Land is described in a conveyance or
transfer as bounded by a non-tidal stream or road. (ii) The grantor or vendor is the
owner of the bed of the stream or the road at the time of the grant or sale. In this
case the grantee or purchaser is assumed to have received the grant or transfer of
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