“TRESPASS TO LAND”
1. INTRODUCTION
Trespass
is unjustifiable interference with the possession of land. Trespass to land is
a form of trespass. It is actionable per se. the interference must be direct
and immediate. An entry without the permission of the owner of the land in as
trespass. It is also an offence under criminal law.
2. DEFINITION
OF TRESPASS TO LAND
Trespass
is the wrongful and unwarrantable entry, upon the land of another or any direct
and immediate act of interference with the possession of land.
3. MODES
OF TRESPASS TO LAND
“Trespass to land
may be committed in the following ways”.
(a)
By
entering upon the land of another
(b)
By
remaining there.
(c) By doing an act which affects the sole
possession of other.
4. CASE
LAW
GEORGE VS. PIPER (1829) B & C 591.
It was held a trespass may be
committed by driving a nail into a person wall or by placing any thing against
the wall.
1
Tort
Relating to immoveable Property
“sTort relating to
immovable property may be of the following types”.
i.
Trespass.
ii.
Trespass abolition
iii.
Dispossession
iv.
Injury to Reversionary rights
v.
Waste
vi.
Injury to right of easement
vii. Nuisance
5. CLASSIFICATION
OF TORT OF TRESPASS TO LAND
Classification
of tort of trespass to land is as under.
I.
Aerial
Trespass
II.
Continuing
Trespass
III. Trespass by joint owner
IV. Trespass by animal
V.
Trespass
by Relation
VI. Trespass by ab-initio.
6. REMEDIES
Following
remedies are available for person whose land is trespassed.
(a) Action at law
This remedy can be
availed to the court. The plaintiff can file a suit in the court
against the trespasser.
(b) Ejection
The
plaintiff can through him off the defendant from his property.
(c) Use of force
The
plaintiff may use force in order to expel the defendant.
(d) Injunction
The person whose property has
been trespass can obtain an injunction to restraint a continuing trespass.
(e) Distress damage Pheasant
It is a remedy for
the performance of the duty or the satisfaction of demand, which consist in the
taking of a personal chattel from the possession of the defaulter as a pledge
for the performance or satisfaction required.
7. DEFENCES
TO AN ACTION FOR TORT OF TRESPASS TO LAND
Following
are some defences available for tort of trespass to land recognized by law of
tort.
I. Licence
Licence means permission which
makes entry lawful. It may be implied or express.
II. Prescription
Prescription is a common right of way over the
land of another. Trespass to land can be justified on this ground.
III. Authority of law
Following
are the defences for the defendant who has authority under the law.
(a) Execution of legal process by the defendant
(b) Distress
(c) Distress damage pheasant
IV. Necessity
Act of necessity
allow entry without consent. Such entry is justified on public necessity such
as putting out fire for the public safety.
V. Self-Defence
Self
defence is a recognize justification in all system of law. A person may avail
this defence.
VI. Abatement of nuisance
A
person may enter another land to remove nuisance.
VII.
Re-entry on land
An
owner who has been wrongfully dispossessed may re-enter on his land to get back
the possession.
VIII. Retaking of goods
A
person may enter into another land for re-taking his goods.
IX. Easement
A person who has a right of an
easement upon the property of another would not be held liable for trespass to
land.
8. CONCLUSION
To
conclude it can be said that trespass to land is an interference which is not
justifiable by law. Trespass to land is a tort as well as a crime. It may be
committed by entry in upon the land of the plaintiff or by remaining there or
by doing an act affecting the sole of possession of the plaintiff. Trespass to
land protects a person in possession of land against direct inversion of his
property.
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