Trespass to Land

•What is Trespass:

•Trespass, in its widest sense, signifies any

transgression or offence against the law
of nature, of society, or of the country,
whether relating to a man's person or to
his property. The principle of 'trespass'
was that any direct invasion of a
protected interest from a positive act
was actionable subject to justification.
Kinds of Trespass
•The most obvious acts of trespass are:
(1) Trespass viet armis or Trespass to
Person.
(2) Trespass quare clausum fergit or
Trespass to Land.
(3) Trespass de bonis asportatis or
Trespass to Goods or Chattels.
There are two important rules of trespass:
• (i) That it is for the defendant to plead and prove
justification and not for the plaintiff to show that the
defendant's conduct was unreasonable; and
• (ii) That damage is not an essential element and need
not be proved by the plaintiff.
• Trespass to land means "interference with the
possession of land without justification."
• To constitute the wrong of trespass neither force, nor
unlawful intention, nor actual damage is necessary.
• "Every invasion of a private property, be it even so
minute, is a trespass " "If the defendant places a part
of his foot in the plaintiff's land unlawfully, it is in
law as much a trespass as if he had walked half a
mile on it"
Trespass may be committed

(1) By entering upon the land of plaintiff or

(2) By remaining there, or
(3) By doing an act affecting the sole
possession of the plaintiff, in each case
without justification.
Mode of Trespass
• Trespass could be committed either by a person himself or
doing the same through some material object e.g.,
I. Throwing of stones on another person's land,
II. Driving nails into the wall,
III. Leaving debris on the roof,
IV. Allowing cattle to stray on another person's land.
• It is, however, no trespass when there is no interference
with the possession and the defendant has been merely
deprived of certain facilities like gas and electricity.
When a person not liable

• A man is not liable for trespass committed

involuntarily (e.g., when he is thrown upon the
land by someone else).
When a person liable

• An entry upon another's land constitutes trespass to

land whether or not the entrant knows that he is
trespassing.
• If the defendant consciously enters upon a land
believing it to be his own but which turns out to be of
the plaintiff, he is liable for trespass.
• The defendant may successfully plead inevitable
accident in his defence.
Difference between Trespass in Tort and
IPC
• Trespass in civil law differs from that in criminal law
on this point.
• According to Sec. 441, IPC the offence of criminal
trespass consists in entering or remaining on the land
of another person with an intent to commit an
offence or intimidate, insult or annoy any person in
possession of such property.
Trespass is a wrong against possession
rather than ownership:
• A person in actual possession can bring an action
even though, against the true owner, his possession
was wrongful.
• An owner of land who neither has possession nor an
immediate right to possess it, cannot bring an action
for trespass.
Trespass ab initio
• When a person enters certain premises under the authority of some
law and after having entered there abuses that authority by
committing some wrongful act there, he will be trespasser ab initio
to that property.
• It is necessary that the person to be made liable as trespasser ab
initio must do some positive wrongful act (misfeasance) rather than
a mere omission to do his duty (non-feasance).
• Thus, refusing to pay for the refreshment in a restaurant does not
make the visitor trespasser ab initio as non-payment is a mere act of
non-feasance which is not enough for trespass ab initio.
Defences to Trespass
• Any justifiable entry or interference will negative liability for trespass:
• Justification by law,
• Private defence,
• Inevitable accident,
• Necessity and
• Parental authority, etc.
• It may be noted that every continuance of trespass is a 'fresh'
trespass, in respect of which a new cause of action arises from day to
day as long as the trespass continues.
Remedies for Trespass
• (i) Re-entry - The person entitled to possession can enter or re-
enter the premises in a peaceable manner.
• (ii) Action for ejectment - A person in lawful possession when
dispossessed of certain immovable property without due course of law,
can recover back the property by filing a suit within 6 months of his
dispossession.
• (iii) Action for mense profits - Apart from the right of recovery of
land by getting the trespasser ejected a person who was wrongly
dispossessed of his land may also claim compensation for the loss which
he has suffered during the period of dispossession.
• Mense profits refers to the profits taken by the defendant during the
period of his occupancy.
• (iv) Distress damage feasant - This right
authorises a person in possession of land to seize the
trespassing cattle or other chattels. He can detain
them until compensation has been paid to him for the
damage done.