Trespass to land arises where the plaintiff alleges that the defendant has intentionally entered or stayed in or caused some objects to come into contact with the land in possession of the plaintiff. The aim of this aspect of law is to protect the plaintiff's possessory interest in the land. The tort of trespass to land is actionable per se (No need for proof of actual damage). There are five (5) types or trespass to land:(a) Trespass by remaining on land This form of trespass is committed when the defendant remains on the land of the plaintiff after his right of entry has ceased. For example, a person, invited by you for a party in your house may become a trespasser after being told to leave and he refuses.(b) Trespass by wrongful entry This consist of a personal entry on the plaintiff's land by the defendant. The slightest crossing of boundary such as when an aggressor walks into the plaintiff's premises, or drives into it. Intention is key here, as the defendant will not be liable for accidental entries.(c) Trespass by placing object on land When a person wrongly enters and places an object on another's land, he will be liable for trespass. If after the action, the defendant leaves the object on the land, the plaintiff can sue again for continuing trespass, so long the object remains on the land. For example, where land grabbers sell a parcel of land belonging to Mr. A to another person who goes on to build structures on it..Without the consent of Mr. A (the title owner).(d) Trespass ab initio Here, the defendant's entry was by lawful authority but must have subsequently abused that right by doing an unlawful act. Examples are PHCN officers entering your compound to pluck fruits, or police officers with search warrants carting away things not in the warrant. Although, the effect of this has been whittled down, it would be deemed that violation done would be measured by the degree of damages done.(e) Trespass above and below land The person which owns the land also owns the sky above it and the sub-soil beneath. If a billboard from a neighbour's compound encroaches your land by hanging on top, an action can be brought in this regard, notwithstanding that it did not touch the actual land itself.WHO CAN SUE.. A landlord who has already given up a right to possession cannot bring an action for trespass as the tenant is the person who has possession, but he (landlord) may sue to protect his reversionary interests. The plaintiff must be in actual or de facto possession. Example is, a tenant whose tenancy has expired and has been given a notice to quit becomes a trespasser after the expiration of the notice but since he is still in possession, he can bring up an action against another person for trespass, except the title owner (landlord) or a person who has exclusive possession.The most important thing is for the landlord to have good title to his land, otherwise, his claim may fail. This is why it is pertinent involve legal practitioners in land transactions, and also to deal with real estate firms with professional handlings.Source:www.naijapropertiesonline.com/trespass-to-land/
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