Remedies available in case of land trespass are as follows :
The person whose land is trespassed upon may -
1) Bring an action for trespass against the wrongdoer ; or
2) Forcibly defend his possession against a trespasser; or ; or
3) Forcibly eject him .
Action for trespass
To maintain and action for trespass the plaintiff must prove that he was in possession, either actual or constructive , at the time of trespass . The general rule is that a wrongdoer cannot set up the jus tertii i.e the right of possession outstanding in some third person, as against the fact of possession in the plaintiff. Of the dependent justifies his trespass, on the ground that, his act was committed by the authority of the true owner and thereby sets up jus tertii, such authority is traversable by the plaintiff, in which case the defendant must prove that such authority was given in fact.
In India The foundation of trespass is the doing of an illegal act, forcibly and without legal authority, as against the property of another. The illegality and the wrongfulness of the act must be established by proof.
Defense of property :
The person in possession must use force to keep out a trespasser, but if the trespasser has succeeded in obtaining possession the rightful owner must appeal to the law for assistance.
Expulsion of Trespasser :
The rightful owner of property is entitle to use force in ejecting a Trespasser so long as he does him ni personal injury. He must not Resort to violence.
Distress damage feasant :
Anything animate or inanimate which is a wrongfully there on the land of another and is doing damage maybe distrain for such damage. This is a remedy which can be exercised without legal process by a retaining the cattle or thing doing damage as a pledge for the redress of the injury he has sustained. This right does not give a right of sale.
In India there is a special enactment namely the Cattle Trespass Act, which enables a person on whose land, cattle trespass, to take them to a cattle Pound. The owner can take back his cattle from the pound on payment of the pound fees to the Pound keeper.
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