The tort of trespass can be defined as an unjustifiable physical interference of land in possession of one party by another. Under English common law where these principles of torts emanate, trespass does not form a criminal act but in the Indian Penal Code it has been given recognition i.e. under section 441[7]. But it defines trespass as unjustifiable physical interference with the possession of property of the claimant with requisite intention of doing so. The Intention part is present due to it being under a criminal code where in ‘mens rea’ is a part.
Under English Common Law the maxim that is used for trespass is ‘trespass quare clausam fregit’ which means “because he (the defendant) broke or entered into the close”[8]. The tort of trespass requires essentially only the possession of land by the plaintiff and jut encroachment by some way by the defendant. There requires no force, unlawful intention or damage nor the breaking of an enclosure. The express mention of the word interference is mainly there to imply permission. Permission to encroach onto one’s land can either be obtained by the person in possession or by virtue of authority.

One of the most important ingredients of a tort of trespass is the fact that the land in question which has been encroached upon essentially needs to be in the direct possession of the plaintiff and not just mere physical presence on it. For example it is to be noted that a cause of action in a suit for trespass does not arise in the case where a servant is staying on his master’s property. But a tenant of a property can bring about a cause of action against anyone encroaching onto his property during the period of his lease and even against the lessor if express conditions in the contract empower him to. Lessor –Lesse Relationship

Another essential provision of the tort of trespass includes in the directness of the act. If the act is direct i.e. arising out of the natural consequences of the act of the defendant then it is valid. If the consequences of the act are a result of a remote effect of an act then it is not held to be a valid suit. So if the defendant erects up a tree which leads to growing of branches and boughs and roots onto the land of the claimant then it is not held to be trespass but nuisance. There is a thin line between nuisance and trespass. Trespass is encroachment upon property whereas nuisance is interference upon another’s right to enjoy his property. This is the test to be applied to segregate the tort of trespass from the tort of nuisance. But it is worthy of being noted that directly causing an object to enter onto another’s land does amount to trespass. Therefore if a person’s hounds enter the other’s land and there was requisite intention of making the hounds enter or there was negligence in taking care of the hounds so as to enable them to enter onto another’s land it forms the tort of trespass. Here it should be seen that it is a direct act as either the encouragement or the negligent act of not taking due care of the hounds to enter onto the plaintiff’s land lead to the consequence of trespass. Henceforth it can be ruled out that there was any intervening act.

It is a well known principle that if a person enters upon another’s land and stays on it, the act is connoted as continuing trespass. So either placing gods on the plaintiffs land and not removing them or staying on the plaintiff’s land and not moving way form’s continuing trespass. It was seen in the case of Homes V. Wilson that authorities had constructed a road/bridge and to support such infrastructure had erected buttresses on the plaintiff’s land and had not removed them. The authorities were liable to pay full compensation and had a further action in continuing trespass in which they were held liable. The act of continuing trespass remains until such object or act is removed or stopped respectively.

Any direct physical interference with the goods in somebody’s possession without lawful justification is called trespass to goods.

“Nobody shall unlawfully interfere with a person’s use or enjoyment of land or some right over or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situation