Report on the Trespass Act.

It is necessary to give some consideration at the outset to the common law concept of trespass to land. At common law, trespass to land “is committed by directly and intentionally … entering or remaining upon or causing some object to come into contact with land in the possession of another, without the consent of the person in possession of the land or other legal justification or excuse”.

The consent or licence of the person in possession can be withdrawn after entry, but the withdrawal must be advised and a reasonable time to leave allowed. It is the fact of possession that is protected by trespass even absent a formal, legal or equitable interest. The “possession” protected by the tort of trespass includes possession of an interest in land such as an easement or a profit a prendre. Remedies for trespass include damages, where loss can be proved, declaration and injunctions. Damage is not a requisite component of the tort of trespass, and the breach is actionable without proof of damage. The Trespass Act incorporates the common law notion of trespass, and provides for a range of additional statutory remedies and offences.

 

62 pages.

Trespass Act Northern Territory 2013

 


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