Trespass to Land

Trespass to Land

It is an unauthorized entry in to another’s land or any direct or immediate act of interference with the possession of land. If anyone doing so, he is said to trespass the land of another.Trespass is one of the earliest type of Action that arise under the Common Law of England. As trespass urbanized into a way of forceful the defendant to pay off the plaintiff for injury to his property interests. In an action for trespass on land, the plaintiff could recuperate compensation for the defendant's powerful intrusion with the plaintiff's tenure of his land.

Even the least entry onto the land without the plaintiff's authorization gave the plaintiff the right to damages in a ostensible sum. An action for trespass to property was available to search for damages from anyone who had deliberately or by force injured personal property. The damage could contain moving off the plaintiff's property or harming it, destroying it, or custody the plaintiff from holding or using it as she had a right to do.The courts were mainly worried with punishing the trespasser rather than compensating the landowner

Actionable Per Se

It is actionable per se that is damage need not be proved to sustain the action

Commission of Trespass

Trespass to land may be committed in one of the three ways

 Wrongful Entry

The most common form of trespass is a wrongful personal entry by the defendant on the plantiff’s land like sitting on a fence.

 Remaining on the Land

A person who enters into the land with authority but guilty of some wrong for that entry then original entry will also be unlawful.

 Placing things on the Land

To cause any physical object to cross the boundary of the plantiff’s land like to throw stones on plantiff’s land