Tresspass

Trespass is a potential Delict against Heritable Property.

Scope of Property
The scope of a persons property is traditionally understood to be the land that its on, all of the land under it, and all of the air above it.

This has been tempered by the Civil Aviation Act 1982 (section 76).
 * No action shall lie in respect of trespass … by reason only of the flight of an aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of such flight.

There is also a limited right of access under the Land Reform (Scotland) Act 2003.

Elements for Tresspass
In order to claim for trespass, there must be repeated and material breaches. In Winans v Macrae (1885) a lone lamb that ventured into someones private property to graze without its owners active participation was held not to be a trespass; although whether it was a repeated breach was discussed and not found, it was also found not to have done material damage.

In Lord Advocate v Glengarnock Iron and Steel Co (1909) The Inner house ruled in order to have a valid claim for trespass there must be material damage.

Movable property
Tresspass in movable property is possible, in Phestos Shipping Co Ltd v Kumiawan (1983) an indertict was issued against occupying striking workers inside a ship during a pay dispute.

However, this only applies in movable property where it can be occupied. In Leitch v Leydon (1931) simply refilling anothers previous bottles was not enough for a delict of trespass to be held.