Introduction: Trespass to land is including unlawful interference with the possession of personal property. The interference is direct or indirect by the some tangible object. It can be committed either by a person himself entering the land of another person or doing the same through some material object like if you throwing the stone to another person’s land is consider as a trespass to the land, driving nails into the wall, placing ladder against the wall or debris upon the roof is all consider the trespass to the land.
Elements to prove Trespass:
Lack of Consent: To prove trespass the essential element is to prove the interference in the land is without the consent of the land owner.
Harm which is caused: To prove trespass we need to prove first that what harm is caused by the person with the plaintiff’s possession of land.
Intentionally: The interference of the possession of land must be intentional, without any wrongful intention there is no trespass to the land.
In the case of Madhav Vithal Kudwa v. Madhavdas Vallabhdas there was a defendant who is plaintiff’s tenant. He was living on the first floor of the multi-sTrespass to Land
trayed building. He was used to park his car on the compound of the plaintiffs building. The plaintiff contended that the parking of the car in his compound without his permission was a trespass and sued for an injunction to restrain the defendant from parking his vehicles there. It was held that the tenant of a multi-strayed building has a right to use the compound, if any around the building for parking of his car or other vehicle without causing any inconvenience to anybody.
Types of trespass to the land:
Trespass by entry into plaintiff property.
Remedies in the land.
Trespass by placing things on anthers land.
Defenses Available in trespass to the land:
Licenses: License is express or implied permission given by the possessor land to be on that land. The licenses are considered to be mainly two types 1st one is a bare license and 2nd one is a license coupled with a grant.
Defense of Statuary authority: In this defence the official permission was given by the law to be on that land. Example like a police man is given permission by the law to go on the possession on others land continues her investigation.
To prevent the commission of an offence: If the wrongful act is committed on the someone else land then a person is going to protect the land he is not liable for the act of trespass to the land.
Necessity: If there is a necessity to prevent an act then a trespasser is doing trespass to the land then it is defence available in trespass to the land.
Re-entry: If a person possession had been disturbed by a trespasser, he has a right to use reasonable force to get a trespass vacated. A person who being thus entitle to the immediate possession uses reasonable force against the possession himself cannot be sued for a trespass.
Action for Ejectment:
Section 6 specific Relief Act, 1963 gives speedy remedy to a person who has been dispossessed of immovable property otherwise than in due course of law.