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An overview of three types of laws that can affect property: trespass to land, trespass ab initio, and trespass to goods. Trespass to land refers to the intentional and unreasonable invasion of another's possession of land without lawful justification. Trespass ab initio occurs when a person enters a premises under legal authority and then abuses that authority. Trespass to goods involves unlawfully and intentionally disturbing another's possession of goods. Each type of trespass has specific essential elements that must be met for a claim to be valid.
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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.
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