Facts
A fire broke out on the claimant's land. The , a gamekeeper on neighbouring land, entered and burned strips of heather to stop it spreading to his employer's land.
Issue
Is entry to stop a threatened danger a ?
Held
No liability. The entry was justified by necessity.
Principle
Necessity is a defence where there was a real threat and the defendant acted reasonably, even if it turned out his act was not needed.
Why it matters
Leading case on necessity in trespass to land.
Cited in these chapters
Cite this page
Cope v Sharpe (No 2) [1912] 1 KB 496 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/cope-v-sharpe> 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.