Tresspass to land

Trespass to land means interference with the possession

of land without lawful justification.
Trespass is actionable perse.
Every invasion of property, be it ever so minute is a trespass.
Niether use of force nor showing any unlawful intention on
the part of the defendant is required.
Even an honest mistake on the part of the defendant may be
no excuse.
In trespass the interference with the possession is is direct
and through tangible object
eg-to throwing stone upon others property.
But if the interference is not direct but consequential the
wrong may be nuisance
 Planting a tree on others land is trespass but if a person plants
tree over his land and its roots or branches escape on the land
of neighbor that will be nuisance.
So we can conclude that trespass can be committed either by
a person himself or doing the same through material object.
In order to constitute trespass there has to be an interference
with possession.
When there is justification to enter premises of another
person there is no trespass.
MADHAV VITHAL KUDWA VS MADHAVDAS
VALLABDAS
THE WAYS IN WHICH TRESPASS MAY
OCCUR
Entering upon land
Walking onto land without permission, or refusing to leave when
permission has been withdrawn, or throwing objects onto land are
all example of trespass to land.
2. Trespass to the airspace-
Interference into airspace at a relatively low height constitutes
trespass, however, its now settled that land owners rights in
airspace extends only to such a height as is necessary for the
ordinary use and enjoyment of land and structures on it.
It means then that an aircraft flying several hundred feet above a
house is not trespass at common law, however, if the aircraft or
anything from it falls upon the land or comes into contact with a
structure on the land, it results into trespass no matter the height
from which it fell

 Note that s76(1) of the Civil Aviation Act 1982 provides that no
action shall lie in nuisance or trespass by reason only of the flight
of an aircraft over any property at a height above the ground
which is reasonable. However, s76(2) confers a statutory right of
action in respect of physical damage caused by aircraft, actionable
without proof of negligence.
3.TRESPASS TO SUBSOIL
Any intrusion upon the subsoil is just as much trespass as entry upon the
surface. The surface and the subsoil can be possessed by different
persons. If A is in possession of the surface and B, the subsoil and I walk
on the land that would result into trespass against A and not against B.
If I dig a hole vertically in the land, that would be trespass against both A
and B. If I bore a tunnel from my land into Bs subsoil, that would be
trespass against B only.
Even if the land owner has been deprived of ownership of minerals by
statute, intrusions beneath the surface such as pipelines in order to
obtain the minerals still amounts to trespass, though in such a case the
quantum of damages will be very limited.
Trespass ab initio
When a person enters certain premises under the authority
of law and after entering abuses the authority of committing
some wrongful act there he will be considered to be trespass
ab intio to that property.
Law considers him to be trespass from very begginning.
The plaintiff can claim damages not only for the wrongful act
but also his original entry.
But to be held guilty under trespass ab intio nonfeasance is
not enough misfeasance has to be proved
SIX CARPENTERS CASE
 Entering with a licence-
Entering certain premises with authority of a person in
possession amounts to a licence and the defendant cannot be
made liable for trespass.
But if the licence is revoked the licensee becomes a trespasser
and he must quit the place within reasonable time.
KINDS OF LICENCE-i)BARE LICENCE ii)A LICENCE
COUPLED WITH GRANT
Licence coupled with a grant cannot be revoked.
REMEDIES
1.Re-entry
Hemmings Vs Stoke Poges Glof club
2.Action for ejectment(Section 6 of Specific Relief act)
This Section gives relief only to person on lawful possession.
A mere trespasser cant have recourse to this provision.
3.Distress Damage Feasant
Thank you!!!!