Torts to the immovable property

Definition:
Immovable property is an immovable object, an item of property that
cannot be moved without destroying or altering it. Immovable property
includes premises, property rights, houses, land and associated goods.
Example: Money, Ornaments
According to the definition of Transfer of Property Act, 1882 Section 3,
"Immovable property" does not include standing timber, growing crops or
grass.

Interest protected:
Trespass to land occurs where a person directly enters upon
another's land without permission, or places or projects any object upon the
land. This will include intentionally of negligently.
There are 3 ways: -
i. Entering upon the land of another
ii. Causing some physical object
iii. Remaining or keeping some physical object

The ways in which trespass may occur:

1. Entering upon land:
Walking onto land without permission, or refusing to leave
when permission has been withdrawn, or throwing objects onto land are all
example of trespass to land.
For example, see Basely V Clarkson (1681)
2. Trespass to the airspace:
Trespass to airspace above the land can be committed.
Kelsen Vs. Imperial Tobacco Co.
 3. Trespass to the ground beneath the surface:
Throwing something on the ground.
Bulli Coal Mining Co Vs. Osborne (1899)

Possession of land:
This tort developed to protect a person’s possession of land, and so only a
person who has exclusive possession of land may sue.

In law, property has two things:

i. Possession
ii. Ownership

Thus, a landlord of leased premises does not have exclusive possession, nor
does a lodger or a licensee. However, a tenant or subtenant does.

Continuing Tresspass:

A continuing trespass is a failure to remove an object unlawfully placed on

land. It will lead to a new cause of action each day for as long as it lasts.

Here are two crimes. One is the trespass and the other is not to remove the
object.

For example, someone entered my house without permission and left

something. Entering here is a trespass and drop something here is also a crime.

Holmes v Wilson and others (1839)

Mistaken or Negligent Entry:
Trespass to land is an intentional tort. However, intention for the act is
required, not an intention to trespass. Consequently, deliberate entry is
required and lack of knowledge as to trespass will not be a defense
(Conway Vs. George Wimpey & Co 1951)
Mistaken entry:
Basely v Clarkson (1681)
Involuntary entry:
Smith v Stone (1647)