Page 94 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

(i) Trespass to Land

✓ Intentional physical invasion of the plaintiff’s real

property by the defendant.

✓ Land includes:

i. The actual soil/dirt and substance forming the

surface.

ii. Earth below the surface and all substance therein.

iii. All vegetation and natural product on or below the

surface.

iv. All things/structure attached permanently on or

below surface.

v. the air space above it and land cover with water.

✓ The intent need not be to commit the trespass but merely

to go to specific geographic place. A man walking in

Public Park errantly leave the park and enters private

property are LIABLE to trespass even it is unintentionally.

✓ The trespasser need not enter the land in person,

throwing object (rock, dirt, water) onto the land of

another is a trespass.

✓ Ex: A & B walk next to C’s land. A push B onto land

without entering himself. A is liable for trespassing to C’s

land, not B.

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