WHAT IS TRESPASS TO LAND
Trespassing on land, is the unlawful taking of someone else's property without their consent.
WHAT IS TRESPASS TO LAND
Trespass to land happens when someone enters another person's property without authorization, stays there, or projects or sets anything on the property.
Trespassing on land, is the unlawful taking of someone else's property without their consent. Contrarily, a nuisance is a tacit impediment to another person's use and enjoyment of land, and in most cases, it requires physical evidence of damage in order to be actionable.
THE POSSIBLE WAYS OF TRESPASS ARE:
UNLAWFUL ENTERING UPON LAND
In the case of Entick vs Carrington, it was decided upon that the slightest crossing of the boundary of the plaintiff’s land would also amount to trespass. The court was of the opinion that “every invasion of property, be it so minute, is a trespass.”
Trespassing on land includes actions like entering a property without permission, staying after permission has been revoked, and putting things onto the ground.
TRESPASS BY REMAINING ON THE LAND
A person would be liable in trespass if he enters a land lawfully and he remains there after his right of entry has expired.
The plaintiff in the Balogun v. Alakija case worked for the defendant, collecting rent on the defendant's behalf. The defendant visited the plaintiff's home one evening after hours to seek a rent collection account. The two got into a fight, and eventually the plaintiff asked the defendant to leave the plaintiff's property. The defendant resisted leaving for roughly fifteen minutes after being asked to do so.
It was held that in this case, the right of the defendant to stay on the land had expired after being told to leave. By refusing to leave, his action constituted trespass and he is therefore liable.
TRESPASS AB-INITIO
An individual is liable for trespass ab-initio on property when they access there lawfully but later abuse that privilege by doing something illegal. The rule holds that when an authority is utilised improperly by concealing a wrongdoing, it is retroactively revoked and any further use of the authority is subject to trespass charges.
The police, bailiffs, and NEPA officials are a few examples. This group of people has the right to enter any location to do their duties. However, it would be considered trespass if they did something that was outside the scope of their authority.
TRESPASS ABOVE AND BELOW THE SURFACE OF THE LAND
The maxims "Quid quid plantatur solo solo cedit" or "cujus est solum ejus est usque ad coelum et usque ad inferos" rule the law on this matter.
It implies that whoever owns or holds the land will be considered to own or hold both everything below the land and everything above it, up to and including the earth's core. The air and the ground are two places where this adage cannot be applied literally.
In Wollerton Ltd vs Constain Ltd, where a crane of the defendant’s swung over the plaintiff’s roof at a distance of 50 ft, it was held to be trespass.
HOW DOES ONE PROVE TRESPASS TO LAND
In general, the plaintiff must demonstrate the following to establish the defendant's liability for trespass to land:
The defendant entered onto the land;
The land belonged to another individual;
The defendant did not have consent to enter; and
Damages.
The defendant's entry onto the land must be proven. This can be done intentionally or carelessly. In some areas, trespassing is still seen as occurring even if the defendant accidentally entered the property. Trespassing includes causing an object to enter another person's property.
DEFENCES TO TRESPASS TO LAND
LICENSE: This might also be understood as giving permission for someone else to access onto property. A license to enter a land could be:
Express: This occurs when the owner of the land directly gives permission to the trespasser to remain upon the land in question.
Implied: This is a situation in which the owner of the land acquiesces to the presence of the trespasser on the land in issue. He might not directly invite the trespasser to the land, but by his action, he would give consent.
Contractual: This occurs in a situation in which entry into the land is as a result of contractual obligations. for example, if the owner of the land contracts with a plumber to have repairs carried out on the land, the plumber has the contractual right to enter upon the land. If he enters the land in the course of carrying out his obligations, he cannot be held to be trespassing on the land.
RIGHT OF ENTRY: A person may exercise a lawful right of entry onto land, for example:
A private right of way granted to the defendant; A public right of way; A right given by the common law, such as the right to abate a nuisance; and A right of access given by statute, such as ss16-18 PACE 1984, the Access to Neighbouring Land Act 1992 and s8 of the Party Wall Act etc. Act 1996.
REMEDIES TO TRESPASS TO LAND
DAMAGES: This is monetary compensation charged against the trespasser, to be paid to the owner of the land. It could be nominal or general.
INJUNCTION: An injunction to prevent further acts of trespass (at the discretion of the court).
AN ACTION FOR THE RECOVERY OF LAND: If a person has been deprived of lawful possession of the land (formerly known as ejectment).
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080