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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 29 January 2022

p. 30812. Trespass to landlocked

p. 30812. Trespass to landlocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria

Abstract

This chapter examines the protection against interferences with land provided by tort law. Land in this context includes not only the surface of the land but areas above and below it as well as fixtures. The chapter explains that the action for trespass to land protects the interest of the claimant in having his land free from the unjustified physical intrusion of another, and thus protects (once again) possession rather than title as such. The chapter discusses the elements of trespass and describes the types of acts that constitute it. It considers also remedies available for defendants in trespass to land cases, which include injunctions, actions for the recovery of land, and damages.

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