Assignment task: Trespass to Land
Q1. What would a plaintiff have to prove to succeed in an action for trespass to land (i.e., what are the elements of the cause of action)? What is meant by 'land'? (See Bernstein v Sky views)
Q2. Who can bring an action in trespass (i.e. who has standing or title to sue)? Do you find the decision in Newington v Windeyer surprising? Why?