Laws Affecting Property: Trespass to Land, Trespass Ab Initio, and Trespass to Goods, Slides of Law of Torts

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LAW AFFECTING

PROPERTY

BY NISHA SUNIL PATIL

TYPES OF LAW AFFECTING PROPERTY  Trespass to land  Trespass ab initio  Trespass to goods

TRESPASS AB INITIO  (^) Meaning:: When a person enters a premises under the authority and later on abuses that authority by doing some wrongful act in such cases he will be considered trespasser ab initio which means trespasser from the very beginning.  (^) Conditions constituting trespass ab initio are::  (^) The authority abused must be an authority granted by law and not by an individual.

1. There must be some positive act of misconduct, and not a mere omission or neglect of duty.

TRESPASS TO GOODS  (^) Meaning:: Pollock: “Trespass to goods may be committed by taking possession of them or by any other act in itself immediately injurious to the goods in respect of the possessor’s interest as by killing, beating or chasing animals, or defacing a work of art”.  (^) Essential elements for trespass of goods

1. At time of tresspass ,the goods should be in the possession of Person..
2. The person should Unlawfully and intentionally disturb the possession of goods.
3. Jus tertii—the right of possession outstanding in some third person-as against the fact of possession in the plaintiff.