Are You A Trespasser? Trespass To Land

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Avatar for Immaculata
2 years ago

Hi guys. Seasons greeting🎄. I hope you are catching all the fun you can in this yuletide season. Well do not forget to desist from trespassing into other people's right as you bask in the euphoria of the season. No one takes likely to a trespasser.

You might want to know, "who is a trespasser?" A trespasser in law is a person who does a wrongful act in disturbance of the possession of property of another, or against the person of another, against his will and can be held liable without proof of damage. Because trespass is very broad, I will focus on trespass to land today.

Unsplash image of property

When you trespass on someone's land, you have unjustifiably interfered with land in his possession. The slightest direct physical interference amounts to trespass. You do not necessarily have to cause damage to the land or property.

When you enter onto the land of others without their consent, you are a trespasser. Sitting or walking on their land or property is enough to make you liable. The fact that you honestly, though mistakenly believed that you were on your own land, or that it was a public land, or that you acted under mistake of fact is no excuse for trespass. Even placing your foot on another's land is trespass.

A person who has lawfully entered a land can become a trespasser if he remains there after his right of entry has ceased or expired. I'll give an example; if A visits B and on account of an argument, B asks A to leave. If A refuses to leave the premises, he will become a trespasser after a reasonable time has expired. B will have every right to apply force in throwing A out of his premises.

Unsplash image

Sometimes, we become trespassers by abusing our right of entry into premises. A person who has the right of entry in the land of another, for a specific purpose, commits trespass if he does other things other than that which he was authorized to enter and do. As a delivery man, you have a right to enter premises for purpose of delivery only. Any other thing you do will make you a trespasser, like wandering around the building

Directly placing or removing things on another's land is trespass. Throwing things into a person's house, firing a gun into their soil, removing their doors or windows, etc constitutes trespass.

Trespass can also be in continuation of an act. If a person allows you to place your shoe on his land for a specified period of time, you become a trespasser if at the expiration of that time you refuse to remove your shoe or any other property.

Has your land or property been trespassed upon? There are different remedies you can seek.

Damages which entails recovery of monetary loss if you have sustained actual loss. This can be enforced by a court of law.

Self help which entails remedying the situation yourself by removing the object that constitutes trespass or forcefully ejecting a trespasser.

The main fact is that you can either go to court or abate the trespass yourself.

I hope I impacted something on you today. Still remain your lovely selves and stay tuned for TRESPASS TO PERSON. ☮️

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Avatar for Immaculata
2 years ago

Comments

I know about a trespasser today hehe, well written

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2 years ago

Thank you 💖

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2 years ago

You welcome

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2 years ago