Faculty of law TRESPASS TO LAND chapter ten 7-Dec-18

Introduction Trespass to land means an unjustifiable interference with the possession of land. Trespass to land is therefore a wrong against possession rather than ownership. Possession is therefore an important factor in relation to trespass.

Possession The possession is an outward symbol of ownership and the possession of material object is the continuing exercise of a claim to the exclusive use of it. It involves two elements: mental: the intention of the possessor with respect to thing Physical: the external facts in which the intention has realized

Possession Possession is of two kinds: Possession in fact (servant’s possession) Possession in law (master’s possession) the person who has the right of possession is entitled to sue for trespass and not he who has right to possess. Example a landlord and tenant.

Trespass to land Any interference with the possession of land without justification signifies trespass to land. An entry upon another’s land constitutes trespass to land whether or not the entrant knows that he is trespassing. Any involuntary entry upon the land of another does not amount to trespass. A permitted entrant is a licensee and not trespasser.

The land The person who is the owner of the land , the sub-soil also belongs to him The person who owns the land also owns the space above the land. When a man’s land spreads over highway the soil over such land is presumed to be owned by him. A person can be trespasser when he makes unjustifiable use of land.

Continuing trespass Continuance of a trespass is considered in law a separate trespass on each day. If a man builds a wall or throws a heap of stones on his neighbor’s land , it will be continuing trespass so long as it is there.

Remedies Remedies to trespass to land may mention as: Right to re-enter Action for ejectment or recovery of land Suit for mense profit (profit taken in the period of occupancy) Distress damage feasant.

The end Any questions?