Tort against property

Trespass to land

• Trespass to land means interference with the possession of land

without justification. Trespass is actionable per se and the plaintiff
need not prove any damage for an action to trespass.
• To constitute the wrong of trespass neither force nor unlawful
intention, nor actual damage is necessary. Every invasion of a private
property, be it even so minute, is a trespass.
• Trespass may be committed-:
• By entering upon the land of the plaintiff
• By remaining there
• Or by doing an act
• Acting the sole possession of the plaintiff, in each case without
justification.
• Trespass ab initio :
• When a person enters certain premises under the authority of some law
and after having entered there abuses that authority by commuting some
wrongful act there, there he will be considered to be a trespasser.
• In Ellias vs pasmore : two police constables lawfully entered premises to
arrest one of the plaintiff and whilst on the premises took possession of a
laerge number of documents, some rightfully and some wrongfully.it was
held that they were trepassers only as to the documents which were
wrongfully taken and that they were not liable as trespassers ab initio for
the damages to the premises which they had lawfully entered for the
purpose of arrest .
• Aerial Trespass-:
• The possessor of the land has the right to the airspace above the
surface of the earth till infinity. However in contemporary times, the
possessor of the land has right to air space above and earth below to
the height and depth as is required for the ordinary use and enjoyment
of land.
• In the case of Bernstein v. Skyviews , Bernstein sued the defendants for
trespass by shooting pictures from significant height above the ground
of his house. The court held that at such height the plaintiff had no
justified use of airspace and therefore the defendant was not held liable
for aerial trespass.
• Trespass by Animals-:
• The livestock keepers are responsible for any damage caused by their
animals on the land of another person. They are also liable even in
the case their cattle trespasses on their own. The Cattle Trespass Act,
1871 looks into in this matter in India.
 Remedies for Trespass

• The person whose possession rights of land are infringed can bring a suit
for trespass against the tortfeasor. He may also secure his or her
possession against a trespasser using reasonable amount of force.
• Damages-:
• Compensation: Financial damages can be procured from the defendant if
significant losses have been suffered as a result of such trespass. However,
a nominal compensation is generally granted if no injury is suffered.
• Injunction: Sometimes the plaintiff does not ask for compensation but
seeks an injunction from the court to prevent continuing or future
trespass. This injunction, for example, can be in the form of removal of a
tree belonging to the defendant.
 Defences against Trespass to Property
• Consent: The act of intervention into the land or goods would not amount to trespass if the
possessor gives consent to the plaintiff voluntarily. In other words, the consensual act of
intervention would amount to trespass if such consent was induced by fraud, intoxication or an
incompetent person.
• Public Necessity: When a person intentionally goes into the property of other person for the
sake of protecting the community from an immediate and imperative harm, then such
interference would not be considered trespass. In the case of Esso Petroleum Co v Southport
Corporation[18], the captain of a ship committed trespass by letting oil to flood a shoreline. It
was necessary to protect his ship and crew members. Since this was a necessity, the defence of
public necessity was accepted. However this defence would not be granted when the person
had alternative courses of action.
• Justification by Law: It is a defence in those situations where a person is permitted to enter into
the premises of someone by the way of Statute or law of the land. For example police officers,
income tax officers etc.