👉 Trespass to land may be defines as the unreasonable interference with another person’s land. The tort may be committed only against a person who has possession of the land on which the acts complained of are committed.
🚫 Unlike other torts, the person who is claiming for trespass to land, does not need to proof damage.
💡The right over your own property is actually a constitutional right pursuant to Article 13(1) of the Federal Constitution.
👩⚖️ There are only 2 elements that the Plaintiff must prove in order to establish the tort of trespass to land.
i. The mental state of the Defendant
ii. Interference by the Defendant
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