TRESPASS TO LAND

Trespass to land means to enter unlawfully upon another’s land or unjustifiable interference with the
possession of land.

Interference- maybe direct or through tangible object.

If the interference is indirect, but consequential then the wrong maybe nuisance.

It is a wrong against possession rather than ownership.

Possession-

Possession means to have something at one’s own disposal or exclusive right to use. It is protected in its
own right.

Elements-

1. Actual power over the object posessed i.e corpus possessionis

2. Intention of the possessor to exclude any interference from others i.e animus possidendi

Physical possession of a thing doesn’t give right of possession to who holds it.

Kinds-

1. Possession in fact (de facto possession)

2. Possession in law (de jure possession)

Difference between possession and ownership-

Possession
Possessions literally means
physical control over a thing or
an object.
Possession is the most basic
relation between man and s
thing
Transfer of possession is
comparatively easier and less
technical
Possession is prima facie a proof
or an evidence of ownership
Ownership
The term ownership means to
have or to hold a thing.
Legitimate and absolute right of
a person over a thing
Ownership is the relation of the
person with an object forming
the subject matter on
ownership
Transfer of ownership in most
cases involves a technical
process of conveyancing
Consists of bundle of rights and
all the rights are rights in rem.

Entry- Must in trespass

Any voluntary intrusion upon land without consent of person having possession or tight of immediate
possession is a trespass to land.

It is actionable per se i.e without proof of damage

It can be committed

It can be either by a person himself entering the land of another or through some material object.

Case: Smith v Stone-

If the entry is involuntary then it doesn’t amount to trespass.

Case: Madhav Vithal Kudwa v Madhavdas Vallabhdas

In this case, the plaintiff wad the landlord. The tenant was living on the first floor of the building and he
used to park his car at the compound of the plaitniff's building. Therefore, the plaitniff pleaded before
the court that the parking of car at his compound without his permission was trespass and therefore
injunction to restrain the defendant from parking his vehicle is to be granted. The court held that
parking of vehicle didn’t cause any trespass. As the building was mukti storeyed therefore he could use
the compound for parking provided that there should not be inconvenience to anyone.

Trespass in the airspace-

The maxim cujust est solum ejus est usque coelum means, whose is the soil his is also that which is
above it. And the trespass in airspace is governed by this maxim.

It thought, doesn’t give ownership over the infinite space and the portion of airspace which is capable of
being reduced into private ownership.

Trespass in the airspace can be committed through aircraft or otherwide.

Trespass ab inito-

If a person enters certain premises and he has been authorised by law to do so, after entering the
premises he abuses that authority, it is trespass ab inito-.

It means that law considers a person as a trespasser- from the very beginning if he had entered there
lawfully under the presumption that he had gone there with wrongful purpose in mind.

A man becomes trespasser- ab inito only when his acts amount to misfeasance not non feasance

Case: Six Carpenters-

All the Carpenters entered in an inn and ordered some wine and bread. After having wine and breadz
they refused to pay. The court held that they were not trespassers ab inito since the case only of non
feasance and not a case of mis feasance.

Continuing trespass-
If a man Is buliding a wall or throwing stones on others land it is called as continuing trespass till it is
removed from the place.

The right to sue in such cases continue from day one till removed.

Entry with license-

License means authority granted and entry with license- means to enter some premises for which the
person has been authorised by the one who has got the possession of the said premises.

Types of license-

1. A bare license can be revoked: to give permission to demolish building is a license.

2. A license coupled with grant cant be revoked: to give permission to demolish the building and to
carry away the bricks and iron equipments is a grant. Thus, license with grant.

Case : Hurst v Picture Theatres-

My hurst purchased a ticket to watch a movie show at defendant’s theatre. He went inside the theatre
and took the seat but he was forcibly taken out of theatre. He sued for assault and the court awarded
damages. It was observed that he had right to go into the threatre was a license. But right to see and
enjoy the movie from beginning to the end is a grant. So, it was license coupled with a grant.

Remedies-

1. Right to re entry-
If a person’s possession had been disturbed by a trespasser-, he had a right to use reasonable
force to get a trespasser- vacated.

Case: Hemmings v Stoke Loves Golf Club

The plaintiff was a tenant of a cottage owner by the defendant. Defendant was terminated from
his service and then he wanted to take the possession back from the plaintiff and for that
purpose he gave a notice to him. But, the plaintiff refused to vacate the cottage. The defendant
then entered the cottage and removed the plaintiff and his furniture with reasonable force. The
suit was brought by plaintiff but was rejected.

#Acrion for ejectment or recovery of land

Under Sec 6 of Specific Relief Actz 1963, a person who has been dispossessed of immovable
property can get a speedy disposal of his case. (By 6 months)
Criteria which have to be fulfilled before evoking this section-
1. Mesne Profit – claim compensation for the loss which the aggrieved person had suffered
during the period of disposition
2. Distress damage feasant – it is also a remedy which empowers a person in possession of
land to seize the trespassing cattle or other chattels and detain them until compensation.