TRESPASS TO LAND

Trespass to land is to deliberately enter into someone's land, and continue the possession
on land without permission and also without statute justification. Anyone who has the
authority of land can take legal action against the tress passer under the doctrine of torts.
This form of action under torts of unauthorized entry of land was known as 'trespass
quare clausum fregit' it's so because the tress passer has broken the close and trespass can
only be committed on an unenclosed tract of land. If there remains a person who has the
legal authority to another's land can enter, the same person commits a trespass when his
entry is being restricted by the authority. Trespass to land consists of both civil and
criminal liabilities relying on the laws applicable. It can be both civil or criminal as well
as both of them. Trespassing to land is wrong and against the owner's authority. Any
unlawful admission on someone else's land or property can result in trespass and the
owner of the property can sue the trespasser if he can prove that he owns the property.
Matthew Ethernet & ors. Vs Christopher Ezirike.2 But in some lawsuits like Soleh Boneh
Ltd. vs Ayodele3 , we get to see that one who does not have possession of the land can
also sue for trespass.
Land according to Sir Edward Coke comprehended in its legal significance refers to “any
ground, soil or earth whatsoever..” Legally it also includes all castles, houses and other
buildings.
Blackstone’s Commentaries on Laws of England says “Land comprehends all things of a
permanent substantial nature being a word of extensive signification…(including houses
and other buildings) yet in its original and proper and legal sense. It signifies any other
thing that may be holding provided it be in permanent nature, whether it be substantial or
insubstantial ideal kind.”
Land is defined in Nigeria in almost the same light to include the land itself and
everything attached to itself. Note that in defining land in Nigeria, it excludes all
resources by virtue of the 1999 Constitution which are vested in the federal government
of Nigeria to be held in trust for the benefit of all Nigerian citizens.
Trespass to land, also called Trespass quare clausum fregit, is committed where the
defendant, without lawful justification, enters upon land in the possession of the plaintiff,

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or remains upon such land, or directly places or projects any material object upon such
land.
It is an injury to or interference with possessory right or interest in land. It comprises any
intentional or unintentional act which directly interferes with the plaintiff’s exclusive
possession of land. It is further defined as a wrong committed against a person who is in
exclusive possession of the land trespassed on.
Trespass to land was originally conceived as a remedy against forcible and aggressive
entry onto the land of other, but it was later extended to include any wrongful entry
whether forcible or not, as well as merely remaining on the land unlawfully, or
wrongfully placing a material object on it. Trespass to land is actionable per se without
proof of damage.
As pointed out in the definition, trespass protects and is rooted in exclusive possession.
The plaintiff in such a matter would not be required to prove that he has the right to or he
is entitled to exclusive possession. Considering that this tort protects possession and not
ownership, the owners of land may be found liable for trespass.
In Universal Vulcanizing V. Ijesha United Trading and Transport Company, it was held
that when a land which was trespassed on or is in the lawful and exclusive possession of
another person, a suit in trespass is not maintainable by the owner of the land who has no
right to immediate possession as at the time of the trespass.
In the same vein, a person who is entitled to or ha a right of possession or is in actual
possession of a particular parcel of land cannot be liable for trespass on same land. In Eze
V. Obiefuna, the Supreme Court said that trespass to land consists of the slightest
disturbance of the possession of land by a person who cannot show a better right to
possession.
The right to acquire and own land or immovable property anywhere in Nigeria is a
fundamental right guaranteed in the Nigerian constitution. As a result of the right, a
person is entitled to have and enjoy quiet possession of his land, and any interference
with land in the possession of another is a trespass to land.

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Examples of trespass to land
Any unauthorised entry on another person’s land is a trespass, in the absence of lawful
justification. Trespass to land may take innumerable forms. Some of them include;
1. The slightest entry of land.
2. Learning on a fence of a land.
3. Refusing to leave and remaining on land after permission is revoked.
4. Putting anything on land or projecting anything above land.
5. Walking on or crossing another person’s land.
6. Sitting on another person’s wall.
7. Using a private landed property as a shortcut to get to another place.
8. Driving animals into another person’s land.
9. Throwing refuse or anything into another person’s land.
10. Projecting any object into the soil of another person’s land or immediate airspace.
The court in Entick v. Carrington said “Every invasion of private property, be it ever so
minute is a trespass though there be no damage”. In McPhil v. Persons Names
Unknown: Some persons, whose identity were unknown moved into the plaintiff’s
property and started squatting there. The plaintiff brought an action for trespass to eject
them. The court held that there was trespass.
The elements of trespass to land
The elements of trespass to land are;
1. That there is or was a direct entry on the land, remaining on, placing or projecting
any object on or above the land.
2. That the plaintiff has possession or right to immediate possession of the land.
3. That the entry is without lawful justification.
Various forms of trespass
1. Trespass by wrongful entry on land
Any wrongful entry into another person’s land is a trespass. Entry is by far the
commonest form of trespass. The commit trespass in this matter, the slightest
overstepping or entry into another person’s land without more is sufficient.

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2. Trespass by remaining on another person's land
A person is liable in trespass, if after entering a land lawfully, he remains in it after his
purpose or right of entry has been rented, or come to an end.
Thus, for example, a person who pays for admission to a cinema, and refuses to leave at
the end of the show, becomes a trespasser. To refuse or omit to leave the plaintiff’s land
is as much as trespass as to enter originally without right.
3. Trespass by placing things on the land
It is trespass to place any material object on the land of another, or to bring any object
into direct physical contact with another’s land without lawful justification. For example,
to fire a gun into the soil to drive a nail into or place a ladder against a wall, to remove a
door or window from a house, to encourage a dog to enter a premise, or to blow noxious
gas into a house.
NUISANCE
The term "nuisance" generally refers to something that causes inconvenience, annoyance,
or harm. It can be used in various contexts, such as:
1. Legal Context:
 Private Nuisance: An act or condition that interferes with an individual's enjoyment
of their property. Examples include excessive noise, unpleasant odors, or vibrations.
 Public Nuisance: An act that affects the community or public at large, such as
pollution, obstruction of public ways, or illegal activities.
2. General Usage:
 Refers to anything that is annoying or bothersome. For example, loud music late at
night can be considered a nuisance to neighbors.
3. Environmental Context:
 Refers to factors that cause environmental harm or pollution, such as industrial waste
or chemical spills.
4. Pest Control:
 In pest control, a nuisance may refer to animals or insects that are bothersome, such as
mosquitoes, rats, or pigeons.
TORT OF NEGLIGENCE

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The tort of negligence is a legal concept used in civil litigation that involves a breach of a
duty of care which results in harm or injury to another person. To successfully prove
negligence in court, the plaintiff must establish four key elements:
1. Duty of Care: The defendant owed a duty of care to the plaintiff. This means that
the defendant had a legal obligation to act in a certain manner to avoid causing
harm to the plaintiff. The scope of this duty varies depending on the relationship
between the parties and the circumstances of the case.
2. Breach of Duty: The defendant breached that duty by failing to act as a
reasonable person would under similar circumstances. This breach can be an act or
a failure to act (an omission).
3. Causation: There must be a causal connection between the defendant’s breach of
duty and the harm suffered by the plaintiff. This is often broken down into two
components:
 Cause in fact: The harm would not have occurred "but for" the defendant’s
actions.
 Proximate cause: The harm was a foreseeable result of the defendant’s
actions.
4. Damages: The plaintiff must have suffered actual harm or injury as a result of the
defendant’s breach of duty. This can include physical injury, emotional distress,
financial loss, or other forms of harm.
Example Scenario
Consider a situation where a driver runs a red light and hits a pedestrian:
 Duty of Care: The driver has a duty to follow traffic laws and drive safely to
avoid harming pedestrians.
 Breach of Duty: Running a red light is a breach of that duty.
 Causation: The pedestrian’s injuries were directly caused by the driver running
the red light (cause in fact) and it is foreseeable that running a red light could lead
to hitting a pedestrian (proximate cause).
 Damages: The pedestrian suffered injuries as a result of the accident.
Defenses to Negligence

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Several defenses can be used to counter a claim of negligence:
 Contributory Negligence: The plaintiff also acted negligently and contributed to
their own harm. In some jurisdictions, this can completely bar recovery.
 Comparative Negligence: The plaintiff’s compensation is reduced by the
percentage of their own fault. In some jurisdictions, if the plaintiff is found to be
more than 50% at fault, they may be barred from recovering damages.
 Assumption of Risk: The plaintiff knowingly and voluntarily assumed the risks
associated with a particular activity that led to the harm.
Encroachment
Encroachment is a legal term referring to the intrusion of one person's property or rights
onto another's property or rights without permission. This typically involves a physical
structure or object that extends beyond the boundaries of one property into another, but
can also pertain to less tangible invasions, such as noise or light pollution.
Common Types of Encroachment
Structural Encroachment: This occurs when a physical structure, such as a building,
fence, or tree, crosses over the property line into a neighboring property. For example, if
a fence built by one property owner extends a few feet into their neighbor’s yard, it
constitutes encroachment.
Natural Encroachment: Over time, natural elements like tree roots or branches can extend
into neighboring properties, causing potential disputes.
Non-physical Encroachment: This includes invasions that are not physical structures but
still affect the use and enjoyment of property, such as noise, light, or odors emanating
from one property and impacting another.

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 REFERENCES
Deirdre Ní Fhloinn is a solicitor specialising in construction law and currently
undertaking a PhD at Trinity College on the subject of legal remedies for defective
housing.
McMahon and Binchy, Law of Torts, 4th edn (Haywards Heath: Butterworths, 2013) at
p.951.
Salmond and Heuston on the Law of Torts, edited by Buckley and Heuston, 21st edn
(London: Sweet & Maxwell, 1996) at p.40.
Winfield and Jolowicz on Tort, edited by Rogers, 18th edn (London: Sweet & Maxwell,
2010), p.619.
Whelan v Madigan [1978] I.L.R.M. 136. 5. Bernstein v Skyviews [1978] Q.B. 479;
[1977] 2 All E.R. 902.
Gifford v Dent [1926] W.N. 336; Kelsen v Imperial Tobacco [1957] 2 Q.B. 334 [1957] 2
All E.R. 343