TRESSPASS TO

LAND

TRESPASS TO LAND
Trespass is the wrongful disturbance of another
persons possession of land or goods.
Trespass to land means interference with the
possession of land without lawful justification
Trespass is also an offence under
Indian Penal Code Section 441.

Trespass is actionable per se, that is actual

damage need not be proved to sustain action.
It may be committed by,
Entering upon the land of the plaintiff,
Or
If a person who has lawfully entered on
the land of another remains there , after
his right of entry has ceased.
Or
Every interference with the land of
another.
Eg: Throwing stones or materials over a
neighbours' land, is
deemed constructive entry and
amount to trespass.

The plaintiff must establish

Exclusive possession of land by

himself or of his agent; &
Actual or constrictive entry.
Trespass to land is founded upon possession, not
upon title.

Trespass could be committed either by a person

himself entering the land of another person or doing
the same through some material object .
Examples:
Throwing stones on another persons land.
Driving nails into the wall.
Placing anything against his wall.
Causing any physical object or noxious
Use of public streets including pavements for any
purpose other than public passage.

In trespass, the interference with the possession is direct

and through some tangible object. If the interference is not
direct but consequential, the wrong may be a nuisance.
Example:
1. Planting a tree on anothers land is a trespass but if a
person plants a tree over his land and its roots or branches
escape on the land of the neighbour, that will be a nuisance.
2. To throw stones upon neighbours premises is a
trespass; to allow stones from a ruinous chimney to fall
upon those premises is the wrong of nuisance.

Aerial Trespass
Trespass over the airspace above the land of plaintiff.
But trespass should be below the height as is necessary for the ordinary use
and enjoyment of his land.
Example:
Projection of an advertisement board into the airspace of the plaintiffs shop is a
trespass.

Trespass by animals
Trespass by a mans cattle is dealt with similar to trespass committed by
himself.
Unless he can show that his neighbor was bound to fence and had failed to
do so.

Ellis v Leftus Iorn co.

TRESPASS AB INITIO
When entry, authority, or license is given to any person
by law, and he abuse it, he becomes a trespasser ab initio.

Six carpenters case ((1610) 8 Co. rep.146a.)

In order to treat an entry of a person as trespass ab initio
non -feasance ( omission to do something) is not enough,
it is necessary that the defendant must have been guilty of
positive act of misfeasance ( doing of a wrongful act).

REMEDIES
DEFENCE OF PROPERTY
ACTION FOR DAMAGES
ACTION FOR EJECTMENT
DISTRESS DAMAGE FEASANT
SUIT FOR INJUCTION

Defense of property
The person in possession may use reasonable force to keep out a trespasser.

Action for damages

The plaintiff can bring an action against the wrong - doer for damages.

Action for ejectment

If a person is dispossessed of certain immovable property, without due
course of law, he can recover back the property without establishing any title.

Distress damage feasant

If a cattle or other things be on a mans land encumbering it or otherwise
doing damage there, he may summarily seize them and retain them as a pledge
for the redress of the injury he has sustained.

Suit for injection

The plaintiff may obtain an injunction to restrain a continuing or threatened
trespass.

DEFENSES
Prescription
Leave and Licence
Authority of law
Act of necessity
Self defense
Re-entry on land
Abating nuisance

Prescription
It is a common right of way over the land, enjoyed for a period of
twelve years or more.

Leave and Licence

Licence means permission and that makes entry lawful. A licence
Only makes an action lawful which without it would be unlawful.

Authority of law
It includes, Execution of legal proceedings, Like arrest , attachment, or
search are protected by warrant from liability in respect of the act
authorized by it.

Act of necessity
Acts of necessity allow entry without consent on the land of another.
Eg:- Putting out fire for public safety etc.

Self defense
A trespass may be excused as having been done in self defence or in
defence of mans goods, chattels or animals.

Re entry on land
A person who is wrongfully dispossess of land may retake possession
of it if he can do so peaceably and without the use of force.

Abating a nuisance
Abating nuisance is the removal of the nuisance by the injured party.
It should be done peaceable, without danger to life and limb.

Jus tertii, no defence

Jus tertii means right of a third person. when a person who is prima
facie liable to another, sets up a defence that the paramount title is vested
in a third person , he is said plead jus tertii. This defence is no avail in
trespass.

TRESPASS TO GOODS

TRESPASS TO GOODS
Trespass to goods is an unlawful disturbance of
the possession of goods by seizure or removal or
by direct act causing damage to the goods.
Example:- Removing a tyre from a car, Scrathing the panel of
a coach etc

An action for trespass shall also lie for taking or

injuring tame domiciled or tame aniamals.
Trespass to goods is actionable per se, i.e
without proof of damage. But when the plaintiff
has suffered no loss, he will be awarded nominal

IN AN ACTION FOR TRESPASS,

THE PLAINTIFF MUST SHOW;
That he was in possession, actual or
constructive, of the goods.
That his possession has been wrongfully
disturbed.
The fact that trespass was unintentional is no
ground of defense.

CONVERSION ( TROVER )

Conversion is an act of
wilful interference, without
lawful justification, with any
chattel inconsistent with the
right of another, whereby
that other is deprived of the
use and possession of it.

MODES OF CONVERSION
When property is wrongfully taken
When property is wrongfully parted with
When property is wrongfully sold
When property is wrongfully detained
When property is wrongfully sold
Where there is a denial of lawful owners title

Difference between trespass and conversion

Trespass
It is wrong against
possession
Wrong to the actual
possessor
The action is the
force and direct
injury is inflicted

Conversion
It is a wrong against
ownership
Wrong to the person
entitled to immediate
possession
Deprivation of the
goods or its use