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254 Chapter 9Nuisance, trespass, defamation and vicarious liability

Trespass to land

Trespass to land is committed by a direct, unauthorised interference with another person’s

land. Only a person in possession of land can sue. A business might commit trespass by

driving across another’s land, by allowing animals to walk across another’s land or by

dumping rubbish on another’s land. It is not only the surface of the land which is protected.

Figure 9.2 The rule in RylandsvFletcher