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  • Read the given passage and answer the questions. Trespass to land or unauthorised entry involves situations where a person acts in an intentional or negligent way that ca

Read the given passage and answer the questions.

Trespass to land or unauthorised entry involves situations where a person acts in an intentional or negligent way that causes an unauthorised interference with another person’s possession of land. There are various elements that must be considered in case of Trespass. There are given here- The plaintiff must have lawful possession of the land at the time of the interference, and that possession must be exclusive. For example, a land owner who has leased their property, and so, is out of possession, may not bring an action in trespass. There must have been a direct interference with the land by the defendant without lawful authorisation. Any form of unauthorised entry, however slight, is trespass, whether express or implied. A person who enters land outside of the terms of a licence will be a trespasser. There must have been a fault by the defendant. In essence, the interference must have been a voluntary act of the defendant without the consent or authorisation of the plaintiff in possession of the land. There are certain defences to Trespass. They are- Necessity: There may be a defence to trespass if the inference occurred in circumstances where the interference was necessary, but consent could not reasonably be obtained. The defendant must show that there was an apparent imminent danger to the person or property and that the defendant honestly believed on reasonable grounds that the act was necessary to preserve the person or property. Consent- A defendant may be able to establish a defence to trespass if the interference occurred with the plaintiff’s consent. Consent can either be expressed or implied by conduct; however, it must be genuine and voluntary. The onus is on the defendant to establish that they entered the land with the plaintiff’s consent. A defendant may be able to establish a defence to trespass if the interference occurred with the plaintiff’s consent. Consent can either be expressed or implied by conduct; however, it must be genuine and voluntary. The onus is on the defendant to establish that they entered the land with the plaintiff’s consent.

Question: X and Y were neighbours who used to practice farming. Once the weather turned very ugly and it looked as if it was about to rain heavily. Y was not in the house. However, his entire paddy was spread out in the open. X sensing that rain would destroy the paddy, went over to Y’s property and shifted them indoors. When Y returned instead of thanking X, he filed a case of trespass. Decide.

Option: 1

X has committed trespass in the given case as good intention cannot be a defence to trespass.

 


Option: 2

 X has not committed trespass in the said case.


Option: 3

X has not committed trespass in the said case as it can be classified under the defence of necessity.

 


Option: 4

X has committed Trespass in the given case as he went over to the property of Y.

 


Answers (1)

best_answer

It can be noted that necessity is a defence of trespass. In the given case, had X not taken Y’s crops indoors, they would have all been destroyed. Hence, X was acting under necessity and therefore option c) is the correct answer. Option A is incorrect as it states the action to be trespassing Option b) is not precise while option c) is. Option d) is incorrect.

 

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SANGALDEEP SINGH

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