Question

PRINCIPLE: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).

FACTS: 'A' throws some stones upon his neighbour's (B's) premises.

Which of the following derivations is CORRECT?

• A. 'A' has committed trespass.
• B. 'A' has not committed trespass, as he has not entered 'B's premises.
• C. 'A' has committed nuisance.
• D. None of the above.

Answer 1

The correct option is A 'A' has committed trespass.

Trespass to the person is a tort which involves wrongs being done to an individual. It also refers to interference with another person's land or personal property. A common defense that can be used if one were sued for trespass is that one were given consent by the owner of the land or property. In the above case, consent was absent. Hence, trespass has been committed.

In the above case.A has committed trespass.