Tort of TrespassTrespass to LandExplanation with Case Law

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

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 Preece had every right to prevent the trespassing; therefore allowing Preece to win the case

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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