LAND ISSUES THAT CAN GET YOU INTO BIG TROUBLE

Trespass is one of the most commonly used words in the world today.

People use this word every day for different reasons. I am sure some of you prayed today using the word trespass “forgive us our trespasses as we forgive those who trespass against us” or like my young one will say “stop trespassing”. Trespass according to law means, entering an owner’s land or property without permission.

For example, if Mr. Ayo crosses the boundary of his land to Mr. Abu, it is assumed that Mr. Ayo committed tort of trespass to property. It would also be deemed trespass if Mr. Ayo allows an object from his land to pass through to Mr. Abu’s land whether or not the object matter is a source of disturbance to Mr. Abu’s land.

Mr. Ayo will also be said to have committed trespass to land if he crossed Mr. Abu’s land without permission thinking he was still remaining on his land. The effect of this statement is that an honest mistake is not a defense to trespass to land. And also trespass is actionable (per se) whether Mr. Abu suffers any consequential damages or not.

A landowner has the right to deny any person from entering his/her private property.  Every unauthorized and unlawful entry into the private property of another is a trespass and it is actionable in law.

You should know you are liable to trespass when you are doing these things:

• An unauthorized entry of land in possession of another
• Remaining on a land you are not in possession of
• Failing to remove or removing from the land a thing which you are under no duty or duty to remove
• Causing a thing or a third party to trespass on a land
• Allowing your pet to enter someone’s land
• Digging a tunnel underneath someone’s land
• Climbing over your neighbor’s wall

What are the troubles I can get into? What are the charges that can be made against me? What are the effects and dangers of trespass? All these questions will be answered in my next post. Stay blessed.

For further assistance or consultation on this article or  other issues, feel free to contact me. Email ibejulekkilawyer@gmail.com or Call 08034869295.  CLICK to read previous articles