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Permanent trespass: injunction or damages?

Permanent trespass: injunction or damages?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2021) Permanent trespass: injunction or damages? Solicitors Journal, 164 (5). pp. 37-39. ISSN 0038-1047

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Abstract

In most trespass cases, the defendant’s conduct involves a mere temporary occupation or user of the claimant’s land without permanently depriving him of his possession. In these cases, the court will invariably grant the claimant an injunction requiring the trespasser to desist from any continuance of the trespass and award damages representing the market rental value of the property occupied or used for the period of the wrongful occupation or user. This article examines the claimant’s legal remedies if the trespass takes the form of a permanent encroachment onto his land, for example, by the erection of a building. In particular, it considers both a discretionary and non-discretionary approach to such cases. The latter, it is submitted, has the obvious attraction of dispelling the notion that a dispossessing defendant has the right, in effect, to buy adverse title through an award of damages.

Item Type: Article
Uncontrolled Keywords: permanent encroachment, trespass, damages, mandatory injunction, discretion, order for possession, non-discretionary approach
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 19 May 2021 10:39
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None
URI: http://gala.gre.ac.uk/id/eprint/32807

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