Trespass to Person and Trespass to Land

Trespass is a concept under the Law of Torts. A trespass is called trespass when a person intentionally commits an act to harm or provide injury to another person or property. Each individual wants to enjoy the rights of their property without any interventions or outside force and the Law of Torts deals with trespass which deals with a person voluntarily entering into someone else property and infringing their rights. In the offence of trespass, intervention is most important to prove a crime. This article talks about the trespass of land and persons along with important case laws and remedies under legal studies.

CLAT 2025: 10 Free Mock Tests | Legal Maxims | Landmark Judgements | PYQs

CUET BA LLB 2025:  Legal Studies ebook | 5 Free Mock Tests

MH CET LAW 2025: 10 Free Mock Tests | Legal Reasoning Practice Questions

Monthly Legal Current Affairs:  August’24 | July’24 | June’24

This Story also Contains

1. Meaning of Trespass to Person in Tort
2. Trespass to Person in Tort
3. Trespass to Land in Tort
4. Conclusion

Meaning of Trespass to Person in Tort

One could define trespass as an action that goes beyond what the law allows It is the deliberate, unwarranted tampering with someone else's person or property. The word "intention" in this instance implies that the wrong was committed voluntarily. A trespass allegation may be filed if there is interference with someone's or another person's body or private property. It should be remembered that trespass requires intention to exist. A malicious motive to harass someone else and mala fides set off unreasonable behaviour. There are two types of trespass- Trespass to Person and Trespass to Land.

Trespass to Person in Tort

It is the fear of unjustified meddling with one's person, body, or that of a third party; it also involves the use of force that results in physical harm or impairment. To create unlawful gain or damage, as the case may be, the trespasser intentionally violates the rights of others and makes alterations to them. Even in cases when the perpetrator was unaware that the property belonged to someone else, it is still deemed intentional.

Types of Trespass to Person in Tort with Landmark cases of trespass to land

Assault

It is the act of instilling in another person an unjustified fear of physical harm and destruction, and it typically occurs before a battering. It can be applied in a way that would make specific behaviours and cues seem suggestive of an attack by someone else. It could be both direct and indirect. The person executing it could do so directly or via a middleman.

In the case of R v. S George

In one instance, someone pulled out a gun and made a gesture at the other person while pretending it was loaded. Their worry turned into shock for the other individual. They were determined to be responsible. It did not matter if the gun was loaded or not. But it was important to note how much the person had anticipated the worry.

Battery

The unauthorized use of force on the person of another. The act of violently or against another person's will, whether done directly or indirectly but just slightly, is known as battery. An example of direct force would be slapping someone, while an example of indirect force would be spitting on someone or placing a dog behind someone.

In the case of Stanley v. Powell

Both the plaintiff and the defendant were members of the shooting party in this instance. The defendant shot a pheasant with his gun. But after hitting a tree, the gunshot from his gun reversed course and unintentionally struck the plaintiff, inflicting injuries. Because the defendant's actions were not deliberate, they were not found to be liable for the battery tort.

Mayhem

It is a tort when someone is harmed to the point where they are unable to protect themselves from the offender. Damage to the arm, hand, leg, or foot that renders the affected body parts immobile are example of mayhem. It is also known as "aggravated battery."

In the case of Fetter v. Beale

The plaintiff received damages from the defendant for battery. Shortly afterwards, the battery also caused a piece of his skull to fall out of his head. The plaintiff consequently brought a mayhem claim against the defendant. Furthermore, the defendant was held accountable for the chaos and had to reimburse the defendant.

False Imprisonment

When someone is intentionally kept from exercising their freedom, it is said that they are unfairly imprisoned. The basis for the confinement, the plaintiff's knowledge of the incarceration, and the defendant's intention are the components of wrongful imprisonment.

In the case of, Herring v. Boyle

Without cause or justification, a teacher forbade a student from leaving the school with his mother unless the mother paid the outstanding fees. This conversation took place when the student was not in attendance and was unaware that he was being improperly restrained. The court decided that as the person who was detained was ignorant of the situation, this did not amount to false detention and therefore the teacher could not be held responsible.

Defences of Trespass to a Person

Consent

When the plaintiff gives their consent for a certain act, the defendant cannot be considered to be trespassing if there was a shared understanding between the parties regarding the act.

Validity of Arrest

False imprisonment does not occur from the lawful detention of an individual if there is good reason to suspect that the individual has committed an offence or is otherwise involved in wrongdoing. Additionally, it is legal to arrest someone for forcibly detaining a citizen without a valid basis.

Self Defence

A person may trespass on the property to stop the act from happening to defend themselves against an unruly element, another individual, or situations of that nature. However, proportionality and probability must be taken into consideration when using the plaintiff's property for intrusion, and the defendant must demonstrate that there was no other course of action available to them but to invade the plaintiff's property.

Statutory Authority

Authorities that are mandated by law to carry out seizures and searches, as well as circumstances where gaining permission is required before conducting a physical search, will not be viewed as invading someone's property. Accessing private property used for business purposes as well as public spaces is not regarded as trespassing due to the interest of society and the public.

Remedies of Trespass to Person in Tort

Damages for the Actions

If a person feels that their body has been violated, they may file a lawsuit to recover damages. It is possible to pursue financial compensation for both the bodily harm and the liberty injury.

Helping oneself

The solution open to someone who has been unjustly constrained is self-assistance. Rather than waiting for a judicial procedure, the individual might set himself or herself free.

Writ of habeas corpus

A person who has been unfairly detained may request a writ from the Supreme Court under Article 32 of the Indian Constitution or from a High Court under Article 226. By this writ, the person in charge of the detention must appear before the court with the detainee and justify their detention.

Trespass to Land in Tort

Trespassing to land or trespassing to goods refers to the unlawful intercession of one person over another's property or things without a valid reason. This interference ought to be physical and direct. Property trespassing is viewed more from the perspective of possession than from that of ownership. Stated differently, the individual in possession of the items or property may bring a trespass lawsuit against the genuine owner if the latter is unable to provide a valid justification for their involvement.

Essentials of Trespass to Land Sections

Land which is in the possession of the Plaintiff

It is evidence of ownership and is made up of two parts: the corpus, which is the physical part, and the animus, which is the mental part. The person in possession of the land only has the right to peaceful enjoyment of it; he need not be the legal owner. He is free to keep everyone else out.

Unauthorized Entry into the Land

When a person enters into the land of another person without authorisation or permission it is said to unauthorize entry into the land. This can be termed as trespass. In such type of trespass, a person's rights over his land are infringed hence leading to the commission of an offence.

Types of Trespass to Land

Trespass of Movable Property

It is the unlawful or coercive taking of another person's property. One significant distinction between trespassing on land and trespassing on products is that the former does not require carelessness or malicious intent. A challenge to ownership of goods amounts to conversion, which is distinct from trespassing onto things.

Trespass of Immovable Property

In a trespass of immovable property, a person enters into the land of another person and in some way or a hinders his rights to enjoy his property. Trespassing on an immovable property might be done with the intention of theft or any such act which affects the person living on the property.

In the case of, Sentini Cermica P. Ltd. v. Kunchi Krishna Mohan & Ors.

In this case, it was held that The act of conducting a search and seizure on the appellant's property does not amount to trespassing. If a process has sufficient legal backing, it is hard to argue that finding out the truth about a piece of property will be viewed as trespassing.

Trespass by Air

The landowner has an eternal right to use the airspace above the surface of the planet. In modern times, however, the landowner has the right to the air space above and the earth below to the height and depth necessary for the regular use and enjoyment of the land.

Trespass by Animals

According to the Cattle Trespass Act of 1871, Any harm that their animals may have caused to someone else's property is the responsibility of the livestock keepers. Even if their livestock trespass on their property, they remain liable.

Trespass ab initio.

When someone legally enters another person's property after that person's permission has ended, that person violates the law. Because of what he did, his first admittance would have been considered torturous, and he would have had to pay for both the admission and any additional acts. This kind of trespass is known as trespass ab initio.

Remedies of Trespass to Land in Tort

Injunction

Sometimes, instead of requesting money from the court, the plaintiff seeks an order to stop the trespassing. For example, this injunction may mandate that the defendant remove their tree..

Compensation

If trespassing results in severe losses, the defendant may be held liable for financial damages. Nonetheless, if no injuries are sustained, a minimal settlement is often given.

Defences of Trespass to Land in Tort

Necessity of the Public

Interference on another person's property that is done knowingly to save the community from an urgent and serious threat is not regarded as trespass.

Consent of the Public

If the possessor voluntarily grants the plaintiff consent, the act of interference with the land or products would not be considered trespass. Put otherwise, if the act of intervention was consensually caused by deception, intoxication, or an incompetent person, then it would be considered trespass.

Power provided by Law

It is a defence in cases where someone is allowed entry into someone else's property by a statute or other national law. For instance, income tax officers, police officers, etc.

Conclusion

The Trespass of land and person both comes under the ambit of the Law of Torts. Both these offences are against a person and such acts of trespass lead to offence. Trespass of land is committed to entering into the property of another person and infringing his rights to enjoy his property and in Trespass to person harm is committed to a person physically. The law of Torts provides remedies and defences for both offences.