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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: Which of the following statements is incorrect in light of the given passage?

 

Option: 1

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 the land.

 


Option: 2

In order to file a suit for Trespass, the plaintiff must have lawful possession of land at the time of the Trespass.

 


Option: 3

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.

 


Option: 4

While taking the defence of consent, the onus is on the plaintiff to establish that they entered the land with his consent.


Answers (1)

best_answer

While taking the defence of consent, the onus is on the defendant. To prove that they entered the land with the consent of the plaintiff. Option d) states otherwise. Therefore, it is incorrect Rest of the options are clearly explained in the passage.

 

Posted by

Ajit Kumar Dubey

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