Legal Competence in Environmental Health

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Powers of entry

No man can set his foot upon my ground without my licence, but he is liable to an action, though the damage be nothing … If he admits the fact, he is bound to show by way of justification that some positive law has empowered or excused him.

Lord Camden CJ Entick v Carrington (1765)

3.1 ENTRY ONTO LAND

There is an old common law maxim which states: ‘cujus est solum ejus est usque ad coelum et ad inferos’ — To whom belongs the soil, his it is, even to heaven and to the middle of the earth. Though somewhat overstating the true legal position it nevertheless represents a reasonable indication of the extent of the benefits attaching to the ownership of land. Indeed much of English law is directly or indirectly concerned ...