Torts affecting property refers to trespass to land. Trespass to land means ‘interference with the possession of land’. To constitute the tort of trespass to land, the claimant must have the possession of the property since it is not sufficient that the claimant is the owner. The lessee is entitled to sue in trespass where the land is leased. The lessor may also bring an action if the damage is likely to affect his reversion when the lease ends. In the tort of trespass to land the interference with the possession of land must be direct. For instance, an unauthorized entry into land, placing things on land, e.g. leaving a dead cat in a neighbour’s garden, to remain on land after one’s authority is terminated, etc. Trespass may also take place under the surface by way of tunneling and mining. There is no specific law relating to trespass in the airspace but it would constitute trespass if it is either inside the space of ordinary user or if the trespass involves danger or inconvenience. If the Police commits Trespass to land or goods in compliance of the provisions laid in the Police and Criminal Evidence Act, 1984, it will not be unlawful and actionable at civil law. This Act empowers the police to enter any premises without warrant, to arrest or in other circumstances. The Access to Neighbouring Land Act, 1992 grants permission to access to neighbouring land under an access order which can be obtained from a county court or High Court where the owner of the concerned land refuses entry.
