Skip to main content

what is nuisance?



WHAT IS TRESPASS?

BY SWATEE SHUKLA 

We often read or hear the phrase ‘trespassers will be executed’ in this article we will see what exactly trespass is and what are its kind? 

Trespass can be understood as any transgression or offense against property or a person. Trespass is traditionally understood to occur as a right in rem (this is right available to him or her against the entire world) for possessors of immovable property. there are two types of trespass-

 1) trespass to property  

2)  trespass to the person. 

Trespass to property-   trespass to the property can be either trespass to the land or trespass to movable property. Now, you must be thinking what is this movable property? So, according to the general clause act, 1897, movable property is any property not being immovable property whereas the immovable property, according to the same act shall include land, benefits to arise out of the land, and things attached to the earth, or permanently fastened to anything attached to the earth. 

Trespass to land is the simplest form of trespass to understand. It occurs when an individual or an object of such individual enters into a land, in another’s possessions, without any lawful justification. Yes, without any lawful justification, if a police officer enters your house with a search warrant, here his act will not fall under the ambit of trespass because his entry is lawfully justified.  One more interesting thing is that the trespass is not a tort against ownership it is a tort against possession that means an owner can be made liable for trespassing the same property because here the tenant possesses the property. Trespass is a tort that requires no intention to commit, it can be committed completely innocently and without any intention of doing so. 

Trespass to movable property is an unlawful disturbance of the goods by seizure or removal or by a direct act causing damage to the good. For example, throwing water on someone’s laptop or dunking a mobile phone in a glass of water or if you take your friend’s note forcibly for photocopying, he/she/they can sue you for trespass to movable property. 

Trespass to person - trespass to the person means a direct interference with the person’s body or liberty. Trespass to a person can take three forms, i.e. assault, battery, and false imprisonment. You must be thinking, do not these fall under the ambit of criminal law? Yes, all of them are crimes but in aggravated circumstances, each is also a tort. It depends upon the plaintiff, how he wishes to proceed with the injury. 

The tort of assault is an attempt or a threat to do physical harm to another in the immediate future without any lawful justification. Here, actual harm is absent, if actual harm takes place it will fall under the ambit of battery.

The battery is the intentional and direct application of any physical force to the person of another. It refers to actually causing harm to, or touching him in a rude, angry, revengeful, or insolent manner.


False imprisonment refers to the total deprivation of liberty of a person, without lawful justification. False imprisonment requires that a person be unable to move from a place or a perimeter without any lawful justification of the same. 


Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more