Trespass To Land

Trespass is an ancient set of wrongs which
mainly deal with the direct, and usually intentional invasion of a claimant’s interest in either his person, his land or his goods. But in legal theory, the position is that every unlawful or unauthorised entry into land in possession of another is trespass for which an action in damages of another is trespass for which an action in damages lies even if no actual damage is done to the land or any fixture thereon. In other words trespass to land is the unlawful intrusion of an individual to another’s land voluntarily. “Cui us est solum, eius est usque ad coelum et ad infernos”- whoever owns the land, owns it all the way to the heavens and to hell.
A person in possession of land can maintain an action in trespass against any person other than the person who establishes a better title to the land, so, for a claim of trespass to be considered, two issues must be noted. Firstly, it must be noted whether the plaintiff established his actual possession of the land and secondly, whether the defendant trespassed on it. In the case of Entick Vs Carrington (1765) EWHC KB J98, it was held that the slightest crossing of the boundary of the plaintiff’s land would amount to trespass. The court was of the view that “every invasion of property be it so minute, is a trespass”
Defences can be made for trespass, especially when one is given a license, it could also be construed as a consent given to him to enter the land. This license could be express, implied or contractual.
Also, a person who has right of way could have entry upon a land which is not his own. A right of way is the right a person has to go through another person’s land in order to get to his destination. It could be given by the owner, a public right of way under common law or a right of way under statutes.
When an action for trespass succeeds, certain remedies are granted to the plaintiff, depending on the facts of each case. In a situation where the remedy availed the plaintiff is damages, it simply means that monetary compensation has been charged against the trespasser, to be paid to the confirmed owner of the land and if it is a case where the owner of the land approaches the court to order the trespasser to leave the land, an injunction can be granted to that effect. An action for recovery of land is also a remedy granted for trespass, but this normally occurs in land dispute situations.
The law of trespass has much of its origin in criminal law where its function is deterrent than compensatory. Some cases of trespass can be filed under criminal law, for example, a trespasser enters the land of another with the intent to steal goods or commit any other offence. Such a trespasser can be charged for burglary under criminal law.

Nkechi Brigh Ewere