29) General defenses: Self- defence. Defence of property. Consent of the claimant. Parental authority. Judicial authority. Preservation of peace. Protection from harassment.

The following defences may be offered to an action for trespass to the person.

(1) Self-defence. It is lawful for a person to defend him or herself from an assault or battery. The defence must be proportionate to the attack, no more force being used in defence of oneself than is reasonably necessary.

(2) Defence of property. Similar rules apply to the defence of one’s property, including a house. An occupier may use reasonable force to eject a trespasser. Where the trespass is not forcible, the occupier should first request the trespasser to leave; secondly allow to them sufficient time to do so peaceably; and finally, if they still refuse to leave, the occupier may use reasonable force to eject them.

(3) Consent of claimant. The normal rules of volenti non fit injuria apply.

(4) Parental or other authority. A parent may administer reasonable punishment to a child or young person. This punishment includes locking them in a room, if need be, though one shall stress that in all cases the test is reasonableness. Long imprisonment is to amount to the criminal offence of cruelty to a child.

(5) Judicial authority. A judge who acts within judicial authority may grant a warrant of arrest, in which case the person executing the arrest (may\must) use reasonable force to detain the person named.

(6) Preservation of the peace. All persons owed a duty not to disturb the public peace either by committing crime or causing public disorders and the like. The police have wide common law and statutory powers to make arrests to enforce the law and to preserve the peace. If the individual constable acts lawfully, no action lies against him or her in trespass, provided that they used no more force than is reasonably necessary to affect the arrest.

(7) Protection from harassment. In accordance with the Protection from Harassment Act, 1997 a civil tort creates in England and Wales where a person involved in a course of conduct amounting to harassment of a person or where such a person fears that violence will be used against them. In these circumstances an order can be sought restraining such harassment. If that order breaches that will constitute an offence.

30) What constitutes a tort of trespass to land?

Trespass to land is the direct and intentional interference with another's land. Meanwhile land includes not only the land itself but also the ground beneath it, any building on it, and the airspace above to such a height as is necessary for reasonable use and enjoyment. Also, the claimant must be in possession of the land affected. For the purposes of trespass, possession means having the right to exclusive occupation of the land. Again it may be noted it is not necessary to prove actual damage to the land, the tort being actionable per se. The defendant must have interfered directly (indirect interference is dealt with through nuisance) with the rights of the claimant by, for example:

1) Unauthorized entry to the land;

2) Remaining on the land once asked to leave;

3) Placing things on the land;

4) Tunneling under the land; invading the airspace above the land. Intentional—this simply means that the defendant's presence on or conduct in relation to the land must be intentional. It is not necessary to show the defendant intended to trespass.

31) What is the difference between trespass and nuisance?

In general, any person, thing, or circumstance causing inconvenience to another person is labeled as nuisance. However, it becomes unlawful when it prevents someone from enjoying and using his own property. This means that a landowner can sue another person for causing nuisance if he is not able to enjoy his property because of him. Thus, nuisance is indirect in nature. A neighbor playing music loudly in his own house can be a source of nuisance for you. You become annoyed as you cannot peacefully do what you are doing.

Trespass is a tort that requires someone to interfere with the property of the plaintiff in a direct manner. If a neighbor plants trees on your property, it is a trespass. Even if, he throws some stones that fall in your property, the action classifies as trespass. Trespass includes not just the surface area but also the aerial space above the property of the plaintiff. The thing to remember in case of trespass is that it comes into action only when there is a physical invasion by a thing or a person. If someone unlawfully enters and stays in your property, he is said to be trespassing.

-Trespass requires entry into the property of the plaintiff whereas nuisance is indirect and can take place from outside the property of the plaintiff.

-Landowners have a right to enjoy their property, and it is when this right is interfered with that the tort laws of nuisance and trespass come into action.

-Trespass is direct and requires physical invasion while nuisance can be created in an indirect manner.

-There is interference with possession in trespass while it is not required in nuisance.