Trespass to Land — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Trespass to land is actionable:

   • Only if the claimant proves actual financial loss
   • Per se, without proof of any damage (correct answer)
   • Only if the trespasser causes physical damage to the land
   • Only against government officials

   Explanation. Trespass to land is actionable per se — the unauthorised interference with possession is itself the wrong, regardless of whether any measurable damage results.

2. In Entick v. Carrington (1765), the King's messengers' entry into the claimant's house was held unlawful because:

   • They caused physical damage to the property
   • There was no statute or established law authorising the search under the general warrant used (correct answer)
   • The claimant was a foreign national
   • They entered at night

   Explanation. No positive legal authority justified the entry — the absence of a specific prohibition was not treated as a substitute for actual authorisation.

3. What principle does Entick v. Carrington establish about government power?

   • The state has unlimited power to enter private property for any investigation
   • State officials need positive legal authority to enter another's land, just like any private person (correct answer)
   • Only courts can ever authorise entry onto land
   • The case has no relevance to modern trespass law

   Explanation. The case established that state power to trespass is no broader than any private person's, absent clear legal authorisation.

4. Trespass to land can occur through which of the following?

   • Entering land without permission, overstaying permission, or placing an object on another's land (correct answer)
   • Only physical entry by a human being
   • Only actions that cause visible damage
   • Only actions taken at night

   Explanation. Trespass covers entering without permission, remaining after permission is withdrawn, and placing, throwing, or allowing an object to cross onto another's land.

5. Which of the following is a recognised defence to trespass to land?

   • The trespasser's belief that no one would notice
   • A valid licence (the possessor's consent) or lawful authority such as a valid search warrant (correct answer)
   • Trespass has no recognised defences
   • Only payment of money afterward

   Explanation. A possessor's consent (licence) and lawful authority, such as a valid warrant or statutory right of entry, are the principal defences to trespass.