This article is written by 

Amandeep Kaur, a student of Symbiosis Law School,

Pune. The author in this article has discussed in brief the various categories of
torts relating to the immovable property along with the remedies and defences
available to the plaintiff and defendant respectively.   

Introduction 
A is a farmer and his farm is next to the land of B who has cows. One day, B’s
cows enter the farm of A and cause damage to his farms. Here the owner of
cows i.e. B will be liable for the tort of trespass which is a tort relating to
immovable property. In order to show that a tort of immovable property has
been caused, one needs to fulfil the following conditions:-

1. There is a right to hold or possess

2. There is either disturbance or usurpation(seize) of such right
3. Such disturbance or usurpation may be caused by actual physical
damage to property or by interference with or impairing of the
enjoyment of it
Torts relating to immovable property consist of the following
categories:

1. Trespass
2. Injury to reversionary rights
3. Waste
4. Dispossession
5. Wrongs to natural rights and easement
6. Nuisance 

Trespass 
There are two kinds of trespass:

1. Trespass quare clausum fregit- unlawful entry upon land

2. Trespass de bonis asportatis- the wrongful taking of goods
In order to constitute the tort of trespass one does not need to prove-

 Force 
 Unlawful detention
  Actual damage
 Breaking of an enclosure 
Trespass is actionable per se which means it does not need any proof of actual
damage caused to the property.

Trespass may be committed by any of the following ways-

 By entering wrongfully upon the land of the plaintiff– the slightest

crossing of the boundary is sufficient for committing trespass. A man is
not liable for trespass committed involuntarily, for instance when he is
thrown upon the land by someone else (Smith v. Stone). Moreover, it
is presumed that if a person owns the surface of a piece of land then
he owns all the underlying strata.   
 By remaining there in the land– if a person has lawfully entered on the
land of the plaintiff but remains there even after his right of living
there has ceased commits trespass; for instance, a tenant living on the
land of the plaintiff even after the time period of the agreement is
over.
 By interfering with the land or by constructive entry– every
interference with the land of the another is deemed to be a
constructive entry which amounts to trespass. For instance, throwing a
stone upon the plaintiff’s land or piling of garbage against his wall is a
trespass to land. 

Remedies available to the plaintiff

A person whose land is trespassed has the following remedies:

1. An action can be brought by him against the wrongdoer.

2. Force can also be used by the plaintiff in order to defend his possession
or eject the trespasser from his land.
3. An injunction can also be obtained by the plaintiff from the court under
the Specific Relief Act, 1963 to restrain a continuing or threatened
trespass.