Tuesday, 15 February 2022


 Trespass by Kalyani

What is trespass?

Trespass  to land is an unwanted entry upon the land of another or any direct and immediate act of interference with the possession of such land. To constitute the wrong of trespass, neither force nor unlawful intention, nor actual damage, nor breaking of any enclosure, is necessary. Every invasion of private property, be it ever so minute, is a trespass.

Moreover trespass is actionable per se, that is, without proof of actual damage. Thus driving a nail into the wall of another person or shooting over his field. 

In hickman vs maisey , a trainer of race horses had agreed ith the plantifffor the use of some of his land for training and trial of race horses. A view of land so used could be obtained from the highway on the plantiffs land. The defendant, the proprietor of a publication which gave accounts of doings of race- horses in training, walked forwards and backawards on the portion of highways on the plantiffs land for about fifteen yards for an hour and half, watching and taking notes of trails of race horses on plantiffs land.

There are three types of trespass:

  1. Trespass by wrongful entry

  2. Trespass by remaining on land

  3. Trespass by placing things on the land

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