In order to discuss the potential tortious liability of Buffy, it is necessary to consider whether there are trespasses to land on the facts. Trespass is defined in Clerk & Lindsell as:
"[It] consists of any unjustifiable intrusion by one person upon land in the possession of another".
Trespass to land occurs when the defendant enters onto the claimants land without permission; remains upon the land; places objects on the land or places them in contact with the property. Trespass can also occur to the subsoil and airspace. In Entick v Carrington , Lord Camden discussed the policy behind the tort of trespass to land:
“By the laws of England, every invasion of private property, be it ever so minute, is a trespass. No man may set his foot
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However, these issues will be discussed further below to see if there has been a trespass to land and if Spike can bring an action against Buffy.
Trespass to land consists of interference with possession. Only the person in possession of the land can sue, thus in this case this will be Spike. The purpose behind this tort is to protect claimants against direct and unjustifiable interference with their possession of land.
Trespass is actionable per se which means proof of damages is not necessary to be actionable; such a tort is actionable simply because it happened (Patel v WH Smith (Eziot) Ltd). However, if you are unable to show that you have suffered any loss, the damages you recover are unlikely to be
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Trespass to land extends to interests in the airspace above the land so that an unauthorised intrusion into the airspace above the land is a trespass. Firstly, it is straightforward this action is an interference. It is evident that she had intention for the interference because she voluntarily raised herself above the height of the hedge and knew what she was doing. It does not matter if she did not intend to trespass, her intention to the conduct is enough. The case of Gilbert v Stone mentioned above supports this. This conduct is direct as she is in Spike's airspace which is above his personal hedge and it is a direct intrusion. In Laiqat v Majid , the defendant's extractor fan protruded onto the claimant's land by 75cm at a height of 4.5cm and this constituted as trespass. Applying this case’s facts and decision to Buffy it is likely there has been a trespass as she was raised at a height above his property and so the facts are
4. Facts: It was the time of August in 1986, when William Geringer with his family was on vacation at the Wildhorn Ranch Resort located in Teller County, Colorado. Due to some defective Paddleboating boat two of the family members (William Geringer and his minor son Jared Geringer) were drowned. Mr. Watters, a defendant, was formerly the owner of the resort, but he stated that he handed over the possession to Wildhorn Ranch Inc. “The other defendant, Les Bretzke, was a contractor with an autonomous company that endow with repair services and repair construction to the resort.” During the whole trial the main focus was on the maintainability issues of
...d for you to sign and the land will be yours... no-one will bother you on your land” (pg.105). This incident leads to a long chain of corrupt acts. All community members signed, rather, finger printed the document and we’re assured “they could rely on this paper as it is the title to the land” (pg. 105). Two years passed and they returned with the document in hand, claiming the land was no longer theirs to live off of. The signed document was in truth an agreement to live on the land for a mere two years and a promise to uproot once the two years expired. In conjunction with the Labour Unions, Rigoberta’s father fights this upheaval, however the landowners bribe the judges lawyers and interpretors involved in the crooked legal battles, twisting the communities stance says the landowners offered a great deal of money to the judge through -machines/market/lawyers
Duty: The general rule for premises liability is that there is a duty to keep the premises in reasonably safe conditions. Vicky was a trespasser on the land because she had no express or implied consent to be there. In light of this relationship, because Vicky was a trespasser, under the traditional common law categories, there is no duty but to not willfully or wantonly harm the trespasser.
Massachusetts General Law Chapter 231 Section 85Q says that a landowner may be liable for physical harm suffered by child trespassers on their land, only if all five criteria are met. Condition ‘A’ states, “The place where the condition exists is one upon which the landowner knows or has reason to know that children are likely to trespass.” Mass. Gen. Laws ch. 231 § 85Q. Condition ‘B’ discusses whether or not the landowner knows or has reason to know that an unreasonable risk of death or serious bodily harm will result. Id. Condition ‘C’ focuses on whether or not the child due to their age is not aware of the risk that is present. Id. Condition ‘D’ says compares the burden of eliminating the condition to the level of risk posed to the children. Id. Finally, Condition ‘E’ states that the landowner fails to use reasonable care to eliminate or protect the children. Id. Richard’s case fails on condition ‘A’ as C.D. Management had no reason to foresee that children would trespass in their basement laundry room, as there were only laundry machines in the basement and C.D. Management had no reason to believe that a child would trespass there. C.D. Management could reasonably foresee that someone wanting to do their laundry would trespass in their basement, but Richard Melville was not in their basement to do his laundry. The Soule case created common law about this issue, “There is a
According to the precedent set by Ruvalcaba, Joe would have been a licensee, because he was a social guest. This means that Max has more duty to him then he would a trespasser, but not much more duty. Additionally, he has less duty to him then if he were a business invitee. The duty that was owed to Joe as a licensee, was to “avoid injuring him willfully, wantonly, or through gross negligence and to warn of or make safe dangerous conditions that he was aware of.” Am. Indus. Life Ins. Co. v. Ruvalcaba, 64 S.W.3d 126, 142 (2001). However, Max the house had been standing for 150 years and Max living in it for 30 years and no one had ever fallen down that stair case, so Max would have seen no need to warn Joe of the “dangers” of leaning against that
Many Native groups, because they were nomadic, didn't see land as belonging to one person. The idea that someone could come in, claim a piece of land and ban them f...
When the government needs someone’s land they do ask to buy first, however if the owner does not want to sell, that is when eminent domain is put into place. If the government wants the land and the owner refuses to sell they are still compensated for the cost of land, which is stated in the Fifth Amendment of the U.S. Constitution. Eminent was put in place so that private land could be used to public use to better the state or country depending on the situation. Some feel that this is not right, that eminent domain takes away from a person’s personal rights to own land.
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Land rights are defined as the entitlement to inhabit and use the land. Indigenous Australian communities seek to gain land rights or “Native Title” over certain parts of Australian land. This allows the Indigenous Australians the right to hunt, fish and inhabit the land and also gives them the right to contribute to decisions over construction, fishing or mining of...
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