What if someone invades your property with an intention of unlawful possession? It’s essential to know the remedies associated with the infringement of your right to property.

Initially, it was the time when remedies to trespass were available to the king against international aggression. But today, it is extended for the maintenance of public order. The term trespass to property means interference with another possession without any authority or permission. It is said to be committed when one party enters the land or property without the consent of the party who has the exclusive right of possession.

In this blog, you will get an insight about:
● Definition of Trespass.
● Trespasser
● The principle associated with Trespass to Land
● Elements of Trespass.
● Remedies for Trespass.

Let’s discuss them in detail!

Definition of Trespass

Black’s Law Dictionary :

Trespassing is defined as ‘an unlawful act committed against the person or property of another person whereas trespass to the property is defined as wrongful possession of one’s property.

Trespasser

The trespasser is the person who commits the wrong, particularly, the wrongdoer who invades the property of a plaintiff.
Principle Associated with Trespass to Land Cuius est solum, eius est usque, and coelum et ad infernos: Anyone who owns the land or has possession of land owns it all the way from heaven to hell.

Elements of Trespass

In order to constitute certain conditions must be fulfilled. The main elements or conditions of trespass to the property are listed below:
● Unlawful Entry must be there.
● Entry must be intentional and without the consent
● That land must be in possession i.e. actual or constructive of the plaintiff
● Has caused injury to the plaintiff

Let’s discuss the elements in detail!

Unlawful Entry

According to the first element, unlawful entry is essential to constitute a wrong. One person should invade your property that too unlawfully. However, to constitute a lawful entry, there must be some authority or license. In other words, the person must be justifiable by law, which means that the person has permission from the person who has the possession of land or is authorized by the government to do so.

Entry Must Be Intentional and Without Consent

The entry must be without the consent of the party who possesses the possession. Here, you might have a question, what if the wrongdoer does not know that he has invaded the property?
So in this situation, the entry would be considered a negligent act because the act has not been performed with the knowledge of harming the plaintiff. In addition to this, mere presence would not amount to tort liability.

Actual and Constructive Possession

It is critical to note that the owner must have actual possession of the land and the burden of proof lies on the same person. The possession can be actual or constructive. In case you might be wondering about constructive possession, it is when the owner is not in physical contact or access to the property but he has the power to deal with his status of ownership.

Injury to Plaintiff

To constitute a trespass, the plaintiff’s right to possession must have been injured. But remember, the burden of proof of injury lies on the person who intends to bring a lawsuit against the wrongdoer.

Remedies Available:

The remedies for trespass of land are available in criminal law and torts but their applicability depends on the nature of the act performed.

Re-entry:

The person who has lost possession can re-enter the premises. Plaintiff can file a lawsuit claiming re-entry to the land. You may need to have the title or ownership to claim re-entry.

Suit for Ejectment:

The injured party can recover back the property by filing a suit under tort and criminal law within 6 months. The trespasser would be asked to vacate the property.

Mesne-Profit:

Even if you don’t want to recover your land you can also file a suit in demand of compensation. A person injured can ask for compensation in case he doesn’t want to recover this property.

Distress Damage Feasant:

Where the injured party can seize the chattel on the wrongful until the compensation has not been received.

Bottom Line

Now, as you have gone through the above-mentioned rights and remedies associated with trespass to land, you are clear with the laws. Do not forget to add your comments so that we can improve moving further.

Disclaimer: No content posted by any author, editor or admin represent the approach and purpose of Legal Prudent, Legal Prudent Blog or any of its clients or partner brands.  Reader’s discretion is advised.


Click on the link to read more articles related to law.

Hindu Law: Daughters right on fathers’ property

Kesavananda Bharati v. State of Kerala

BUSINESS LAW AND CAREER PROSPECTS IN IT