Trespass to Land

What is Trespass to Land in Tort Law?

Quick Definition

Trespass to land occurs when an individual intentionally enters or interferes with land in the possession of another without lawful justification. It protects the rights of landowners to exclusive possession and use of their property.

In Context

Trespass to land is a common issue in disputes over property boundaries and unauthorised access. For example, if someone walks across a neighbour's garden without permission, it constitutes trespass. The case of Entick v Carrington (1765) is a foundational example, establishing that any unauthorised entry onto private land is actionable. In exams, students might be asked to consider the elements of trespass and the remedies available to landowners, such as injunctions or damages.

See Also

• Nuisance

• Occupiers' Liability

• Trespass to the Person

Learn More

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