Trespasser

Trespasser, referred. [Transfer of Property Act, 1882 (15 of 1882), s. 45]One who commits a trespass. In general a person owes no duty to a trespasser, the rule being that a man trespasses at his own risk, Grand Trunk Railway of Canada v. Barnett, 1911 AC 370; and see Latham v. R. Johnson & Nephew, (1913) 1 KB 398; but an owner of a field upon which to his knowledge the public habitually trespassed was under the circumstances held liable to a trespasser for injuries done to him by a vicious horse which the owner of the field kept there, Lowery v. Walker, 1911 AC 10. A man may be a trespasser even on a highway if he is using it for an improper purpose; see Harrison v. Duke of Rutland, (1893) 1 QB 143; and see SPRING GUNS.Per K. Ramaswamy, J.: A rank trespasser is one who does not stand in any contractual relationship with the owner of the premises. A trespasser is also one who lawfully enters into but unlawfully remains in possession of the property without the consent or acquiescence o...

Trespass to land

Trespass to land. For trespass by entry or user of land without right or beyond the limits of a right, no damage need be proved (see also AB INITIO and DAMAGE FEASANT). Trespass by occupation of land is a continuing damage which is actionable from day to day so long as the trespassing person or object remains on the land, but see SUPPORT, and cases cited under that title. The plaintiff must show that he was in possession at the time of the alleged trespass, not merely a right of the alleged trespass, not merely a right of possession or infringement of a licence, but having entered he is entitled to sue for trespass from the date of the accrual of the right or to 'trespass by relation,' e.g., to mesne profits. Jus tertii or the extraneous right o another who is not in possession is no defence to an action of trespass. See also Air Navigation Act, 1920, s. 9....

trespasser

trespasser : one who trespasses ;esp : one who enters or remains on the real property of another wrongfully or without the owner's or possessor's authority or consent compare invitee, licensee NOTE: The general rule is that the owner or possessor of real property has the duty merely to refrain from willfully, wantonly, or recklessly injuring a trespasser whose presence is known. This rule is usually applied to licensees as well, although a licensee is usually owed a higher degree of care when an entrance fee is charged or when active operations (as of machinery) are taking place on the property. ...

Criminal trespass

Criminal trespass, every trespass does not amount to criminal trespass within the meaning of s. 441 of the Indian Penal Code. In order to satisfy the conditions of s. 441 it must be established that the appellant entered possession over the premises with intent to commit an offence. In the absence of an intention to commit an offence would not amount to criminal trespass, Kanwal Sood v. Naval Kishore, (1983) 3 SCC 25: AIR 1983 SC 159 (161). [Penal Code, 1860, s. 441]...

Lurking house trespass by night

Lurking house trespass by night, whoever commits lurking house-trespass after sunset and before sunrise, is said to commit lurking house-trespass by night. (Indian Penal Code, 1860, s. 444)...

House trespass

House trespass, Whoever commits criminal trespass by entering into or remaining in any building tent or vessel used as a human directing or any building used as a place of worship, or as a place for the custody of properties is said to commit 'house trespass'. (Indian Penal Code, s. 442)...

Trespasser - Law Dictionary Search Results

Trespasser

Trespass to land

trespasser

Criminal trespass

Lurking house trespass by night

House trespass

Trespass vi et armis

trespass vi et armis

trespass to try title

trespass quare clausum fregit