Trespass is every unwarrantable entry or intentional incursions on the land, person or property of a person. Assault and battery are trespasses to the person and actionable in tort as such. The unlawful interference with the goods of another is equally trespass against his goods, and actionable in tort, usually as conversion or detinue. Unwarranted entry on another’s land also qualifies as trespass for which remedy is available.
The following torts are the torts that make up the tort of trespass to persons in the Law of Torts:
As in most other forms of trespass, remedy can only be obtained once it is proven that there was direct interference regardless of damage being done, and the infringing party as failed to disprove either negligence or intent.
Trespass is actionable per se and the plaintiff is entitled to reasonable damages. Okunrinmeta & Ors. v. Agitan (2002) FWLR (Pt. 100) 1377.
An action for trespass is not strictly personal as to abate on the death of the deceased where it is a trespass to the estate of the deceased. The cause of action survives the estate owner; as the same set of facts could be trespass or nuisance or both the same principle applies for action to survive the victim’s possessory rights. Ifejika v. Oputa (2002) FWLR (Pt. 84) 135.
Direct and forcible interference constitutes trespass. Throwing or placing things on a person’s land or knocking a nail into a fence or sitting on a wall or remaining on a person’s land after permission has ended or permission is used for an unauthorized purpose constitutes trespass. Hickman v. Maisey (1900) 1 QB 752.