Trespass to land

Abstract

This chapter is concerned with the intentional interference with a person's 'possession' of land. The tort of trespass to land is constituted by the commission of an intentional act the purpose of which is the immediate and direct entry onto land in the possession of another without justification: Our law holds the property of every man so sacred, that no man can set his foot upon his neighbour's close without his leave; if he does it is a trespass though he does no damage at all; if he will tread upon his neighbour's ground, he must justify it by law. The gist of the tort is the entry upon land, and any entry, no matter how trivial and irrespective of whether any damage is caused, will amount to a trespass unless justified.