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    Trespass To Land

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    Mayank Yadav
    Trespass occurs when a person wrongfully enters onto another's land without permission. It is a civil offense, meaning the property owner must sue the trespasser in court to seek damages. If found guilty, a trespasser may be required to pay damages to the property owner and could be prohibited from entering the property in the future. Trespass can occur through direct entry onto the land, throwing objects onto it, entering the airspace above it, or interfering with the ground beneath the surface. Mistaken, involuntary, or negligent entry onto another's land can also result in trespass liability. Several court cases were cited that further illustrate situations that constitute trespass.

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    Trespass To Land

    Uploaded by

    Mayank Yadav
    238 views13 pages
    Trespass occurs when a person wrongfully enters onto another's land without permission. It is a civil offense, meaning the property owner must sue the trespasser in court to seek damages. If found guilty, a trespasser may be required to pay damages to the property owner and could be prohibited from entering the property in the future. Trespass can occur through direct entry onto the land, throwing objects onto it, entering the airspace above it, or interfering with the ground beneath the surface. Mistaken, involuntary, or negligent entry onto another's land can also result in trespass liability. Several court cases were cited that further illustrate situations that constitute trespass.

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    Trespass to land

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    Trespass occurs when a person wrongfully enters onto another's land without permission. It is a civil offense, meaning the property owner must sue the trespasser in court to seek damages. If found guilty, a trespasser may be required to pay damages to the property owner and could be prohibited from entering the property in the future. Trespass can occur through direct entry onto the land, throwing objects onto it, entering the airspace above it, or interfering with the ground beneath the surface. Mistaken, involuntary, or negligent entry onto another's land can also result in trespass liability. Several court cases were cited that further illustrate situations that constitute trespass.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    238 views13 pages

    Trespass To Land

    Uploaded by

    Mayank Yadav
    Trespass occurs when a person wrongfully enters onto another's land without permission. It is a civil offense, meaning the property owner must sue the trespasser in court to seek damages. If found guilty, a trespasser may be required to pay damages to the property owner and could be prohibited from entering the property in the future. Trespass can occur through direct entry onto the land, throwing objects onto it, entering the airspace above it, or interfering with the ground beneath the surface. Mistaken, involuntary, or negligent entry onto another's land can also result in trespass liability. Several court cases were cited that further illustrate situations that constitute trespass.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    TRESPASS

    MADE BY
    HIMANSHI CHUGH
    Meaning of Trespass

     Wrongful entry on land of another.


     Entry to another’s property without permission.
     Direct interference with the peaceful enjoyment of the land
    in the form of unlawful entry
    Punishment for Trespass
    Trespass is a violation of a property owner's right to maintain
    exclusive control over his property. This is a civil law, meaning
    the property owner must sue the trespasser in court.
    A civil lawsuit involves one party suing another. If a defendant
    is found guilty of civil trespass, they will be responsible for
    paying damages to the plaintiff property owner. They may also
    be prohibited from going on or near the property.
    Remedy
     The person whose land is infringed may bring an action for
    trespass against the wrongdoer.
     Damages
     A claim for damages in order to recover any financial loss
    suffered as a result of trespassing may be made.

     Injunction
     In some cases of land trespass, the claimant may not want
    financial compensation at all, but will instead seek an
    injunction, a court order to prevent a continuing or future
    trespassing, or perhaps a statement of unlawful
    infringement.
     Example: Asking someone to remove his tree.
    Ways in which Trespass may occur

     Entering upon land without permission or refusing to leave


    or throwing objects onto land.
     Trespass to airspace
     Trespass to the ground beneath the surface
    Aerial Trespass
     Kelsen v. Imperial Tobacco Co. Ltd.
    An advertising sign placed by the defendants over the plaintiff’s
    shop projected into the airspace. The projection into the airspace of
    the plaintiff was held to be a trespass , and a mandatory injunction
    was granted.

    Bernstein v. Skyviews
    When plaintiff sued the defendants in trespass for taking aerial
    photographs from hundreds of meters above the ground of his
    house, the issue of trespass into the airspace above the ground
    was in question.
    The Court held that at that height plaintiff had no reasonable use of
    airspace and the defendant was not liable for trespass on that
    ground.
    Trespass to the ground beneath the
    surface
     Bulli Coal Mining Co v Osborne

    In this case the defendant mined through the plaintiff’s land.


    The court held it to be trespass to the ground beneath the
    surface.
    Mistaken Entry
     Baseley v Clarkson
    The defendant mistakenly cut down plaintiff’s grass by
    mistake. He was held liable because mistake was held to be
    no ground for non-liability.
    Involuntary Entry

     Smith v Stone
     Here the defendant was carried onto the land of plaintiff by
    force and violence. There was trespass by people who
    carried him onto the land and not the defendant.
    Negligent Entry

     League against cruel sports v Scott


     The defendant left dogs on the land of plaintiff for hunting
    purpose. Hunt master was held liable for trespass.
    Cases

     Johnson v Buchanan

    The defendant was sued because his dog bit the plaintiff.
    But the plaintiff had his arm over the fence. The defendant got
    defence of trespass to land.

    Plenty v Dillon
    Here two policemen went to Mr Plenty’s farm to serve a
    summon. However it has to be sent through post. They were
    held for trespassing the farm.
    Friesen v Forest Protection Ltd.

     The plaintiff sued the forest protection ltd because they


    were spraying pesticides onto his land even after warning
    once. They were facing medical issues because the spray
    was highly toxic. It was held that it is unlawful to spray onto
    another’s land and compensation was awarded.
    THANK YOU

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