Trespass to Land

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Trespass to Land
2012-05-01 00:08:57
stock escape

Grainger v Rossendale
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  1. Grainger v Rossendale Holdings
    • Sheep trespass
    • Sheep escaped and damaged cabbage garden
    • The fence was suitable for horses and cattle but not sheep
    • Any examination would have revealed it was not suitable for sheep
  2. Common law rule for stock trespass
    • Stock owner liable for trespass
    • and for ordinary damage that followed
  3. The impact of the Impounding Act 1955 on common law rule for stock trespass
    • distributes the risks associated with wondering stock in a way different form the common law.
    • Common law imposed the burden of the escaping stock on the stock owner.
    • The Impounding Act 1955 shifted the burden onto the people who grow plants to keep the stock out.
    • occupiers have the responsibility of keeping out straying stock rather than a duty to keep their own stock in
  4. Grainger v Rossendale Holdings
    The judge says that the Impounding Act 1955 reduced those protections where you do not have an adequate fence, and we are not going to reduce the protections even further.
  5. The terms of implied licence
    • what the plaintiff would agree to do (we assume that they don't mind)
    • if we know that they will mind- then the actions will fall outside the terms of the implied licence and will be a trespass