Trespass is an offense relating to a man's person or property - movable and/or immovable property.Trespass to land is also an offense under the I.P.C. Sec. 441 provided the requisite intent is present. Trespass is an unlawful interference with the possession of property. Trespass to land of another or any direct or immediate act of interference with the possession of land.
To constitute the offense of trespass neither force, nor unlawful is necessary. Every invasion of private property be it ever so minute , is a trespass.
Trespass may be committed :
1. By entering upon the land of the plaintiff, or
2. By remaining there, or
3. By doing an act affecting the sole possession of the plaintiff, in each case without justification.
1. Entry essential to a trespass -
A man is not liable for i involuntarily committing trespass, but if the entry is intentional, even though made under a mistake, a man inadvertently allows his blade to cut through into his neighbours field, he is guilty of trespass but if a man is thrown upon the land by someone else, he is not liable as the entry is involuntary.
2. If a person who has lawfully entered on the land of another remains there, after his right of entry ceases, he commits trespass. A licensee whose license has terminated by expiry can be sued as a trespass if he does not vacate after request and lapse of reasonable time.
3. Every interference with the land of another e.g. throwing stones or materials ( Rubbish ) on the neighbors land, placing anything against the neighbors wall, etc. Is deemed constructive entry and amounts to trespass.
The plaintiff must prove the following in an action for trespass :
1. That he was in actual possession of land at the time of trespass. The possession may either be rightful or wrongful.
2. That there was direct interference with the possession of his land, though actual damage need not be proved, since trespass is actionable per se.