ABSTRACT
This chapter aims to understand the definition of land and explains the nature of trespass and distinguishes it from other torts. It identifies who can be a party to an action in trespass and explores the available defences and remedies. Trespass to land is one of the oldest torts originating from the old action for trespass. A drunkard who staggers up the path to what he mistakenly believes to be his own front door intentionally trespasses on the neighbour’s land. Trespass to land can occur in a number of ways, the most common being by way of entry on to land. A person with a better legal title is able to enter land and eject the trespasser from it without being liable in their turn for trespass. The courts deem that the entry was in fact for that unlawful purpose and therefore a trespass. A trespass to land may be excused if it occurs as a result of necessity.
