Tort of Trespass

1. Tort of Trespass Trespass to Land Explanation with Case Law

2. What is Trespass to Land? • entering of another person’s land or property without his or her permission or without lawful right • Indirect Trespass • Continuous Trespass

3. Case Law: Clements v. Preece • Preece(defendant) is a lessee of the land • Preece had permitted the Clements to use trail to access their home • Clements(plaintiff trespasser) wants to subdivide his land and sell lots • Preece thought that would bring negative effect for his land, therefore, he blocked the trail • Clements obtained an interim injunction that required Preece to remove the obstruction and allow the use of the trail • The Court concluded in accordance with a statute that Preecehad every right to prevent the trespassing; therefore allowing Preece to win the case

4. Critical Analysis • trespasser sues the lessee (the defendant) for not letting them trespass; Clements could sue for indirect trespassing (debris from barricade falls on Clements’ land) • Blockade is erected to prevent potential trespassers; the decision to split/sell land increases chances of trespassing • Temporary Injunction vs. Permanent Injunction • all occupiers of a land have the exclusive right to evict and remove trespassers upon that land • Preece is the occupier of the land; therefore he has every right to protect that leased land from trespassers

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