| Commentary

105 Trespass

| Commentary

105 Trespass

An unjustified entry on or under land in the possession of another is a trespass1. Where a building is erected wholly or partly on another’s land, an injunction requiring demolition of the offending part is normally granted as a matter of course2.

The ownership of land includes ownership of the air space above it, so that an unauthorised incursion into that air space is a trespass3. An injunction will be granted as a matter of course to prevent the jib of a tower crane from swinging over adjoining land4. Save

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