Wednesday, 4 January 2017

What remedies are available in case of land trespass ?

Answer :

Remedies available in case of land trespass are as follows :
  
The person whose land is trespassed upon may -

1) Bring an action for trespass against the wrongdoer ;  or

2) Forcibly defend his possession against a trespasser; or ; or

3) Forcibly eject him .

Action for trespass  

       To maintain and action for trespass the plaintiff must prove that he was in possession, either actual or constructive , at the time of trespass .
 
Defense of property

       Property owner must  use force to keep out trespasser. In case trespasser has succeeded in obtaining possession the rightful owner must appeal to the law for assistance. 
 
Expulsion of Trespasser 

       The true owner of property is entitled to use force in ejecting trespasser so long as he does him no personal injury.  

0 comments:

Post a Comment

.