LAW OF TORTS II ROADMAP – Trespass to Land

LAW OF TORTS II ROADMAP – Trespass to Land...

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LAW OF TORTS II ROADMAP – Trespass to Land Title to sue: Does the P at the time of trespass have exclusive possession of the land? If yes, proceed If no, not trespass to land. Was the P at the time of trespass renting out the property and during that time was the D the landowner? If yes, mention that the D as a landowner does not have exclusive possession of the land as they have given a paper title to exclude others from entering the land. Proceed If no, proceed anyway Was the P him/herself the landlord of the property who has given a lease away to someone else? If yes, therefore the P does not have exclusive possession over the land, therefore not trespass to land. If no, proceed as the P still has exclusive possession over land. Does the P have a legal right to use the land to the exclusion of all others? If yes, skip next question and proceed. o This also includes a paper title or to persons who can establish a title through a paper owner. If no, proceed. Does the P have factual possession (possession according to the facts) over land AND the requisite intention (In other words, has the P in some way displayed an intention to exercise that right) to possess? If yes, proceed If no, not trespass to land. Does a specific licence give the P the right to have exclusive possession over the land? If yes, then does the P have this licence to be on the land? If yes, proceed to the nature of the D’s act If no, therefore the P does not have exclusive possession over land, therefore not trespass to land.
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Nature of the D’s act: If any of these have been trespassed on, proceed. If not, this is not a case of trespass to land: o Actual land/soil o Buildings o Plants and vegetables on land o
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LAW OF TORTS II ROADMAP – Trespass to Land...

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