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 said to trespassing the land of another. Trespass is one of the earliest types of Action that arise under the Common Law of England. Hence as trespass urbanized into a way of forceful. The defendant to pay off the plaintiff for injury to his property interests. Therefore  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 an 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. So 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 mainly worried with punishing the trespasser rather than compensating the landowner

Actionable Per Se

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

Commission of Trespass

Trespass to land may committed in one of the three ways

 Wrongful Entry

The most common form of trespassing is a wrongful personal entry by the defendant on the plaintiff’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 plaintiff’s land like to throw stones and other thing which is harmful on plaintiff’s land

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