Sunday, 23 January 2022

Trespass

 


                         TRESPASS

Trespass is an unlawful act committed against the person or property of another person, in particular, unlawful entry into the real property of another person.

ESSENTIALS TO A TRESPASS

  • Entering into the land of plaintiff.

  • Entry must be without permission

  • The land must be in possession of the plaintiff, it maybe actual or constructive.

  • The entry must be voluntary which means not against a person’s will or by force.

TYPES OF TRESPASS

 There are generally 3 types of trespass:-

  • Trespass to person

  • Trespass to chattels

  • Trespass to land

 TRESPASS TO PERSON

Trespass to the person means a direct or an intentional interference with any person's body or liberty. It can arise even in case if there is no physical harm occurs to the victim. Trespass to a person can be of three types – Battery, Assault, Battery and False Imprisonment.

ASSAULT - An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both.

BATTERY - Battery is "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it". Intention of battery is transferable. In the event of proving battery, there must not be any legal justification present to justify the actions of the accused.

FALSE IMPRISONMENT - False imprisonment is defined as "unlawful obstruction or deprivation of freedom from restraint of movement".

TRESPASS TO CHATTELS

Trespass to chattels (also known as trespass to goods or trespass to personal property) is defined as "an intentional interference with the possession of personal property of a person and proximately causing injury".

TRESPASS TO LAND

Trespass to land involves the "wrongful interference with one's possessory rights in real property. It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se. Aerial trespass is one of the types of trespass to land. The landowner has the right to the airspace above the surface and infinitum. The ordinary rule is that whoever has the solum, whoever has the site, is the owner of all up to the sky and down to the earth’s center. In modern times, the owner has the right to air. However, space above his land is limited to the height required for the ordinary use and enjoyment of his land. 


 EXAMPLES OF TRESPASS

  • For instance, when ‘A’ was mowing his own land, he mistakenly crossed the boundary and mowed the land of ‘B’, believing it to be his own. However, it was a mistake; ‘A’ is still liable for trespass. 

  • For instance, if the defendant consciously enters a land that he believes is his land but that turns out to be the plaintiff’s land; he is still liable for trespass.

  • If someone else throws a person on the land of someone else; his entry is unintentional then he will not be liable.

  • Entering a land prior to the complete transfer of its title to the acquirer shall be considered trespass. Eg- ‘A’ wishes to buy B’s land, and they agree to do the paperwork on the next day. On the same day in the evening when A wished to buy B’s land ; A came to B’s land without his notice to show the land to its friend. Even if a was going to buy the land the next day, A will be sued for trespass because till that particular time the transfer of title from B to a has not been completed yet.


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