Facts
While mowing his own land, the mistakenly mowed some of his neighbour's grass, thinking it was his own.
Issue
Is a mistaken entry a ?
Held
He was liable in trespass.
Principle
Trespass to land does not need an intention to trespass. It is enough that the entry was voluntary; a mistake about ownership is no defence.
Why it matters
Shows trespass is actionable even for honest mistakes.
Cited in these chapters
Cite this page
Basely v Clarkson (1681) 3 Lev 37 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/basely-v-clarkson> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.