Are you overwhelmed by issues of encroachment on your land? Need an effective solution to protect your rights?
“A MAN’S HOME IS HIS CASTLE”
Section 44(1)(a) of the NLC provides that as the legal landowner, you have the exclusive right to use and enjoy not just the land’s surface but also the air space above it– as much as is needed for reasonable enjoyment and use. Keep in mind, this protection applies only to registered owners, so stand firm and don’t let anyone take away your rightful claim to your property!
AM I TRESPASSING SOMEONE’S LAND?
Sulaiman Kamal (not his real name) was renovating his house by building a wall around it. However, the wall had encroached onto Matheo’s land. Therefore, Sulaiman was considered to have trespassed on Matheo’s land.
SHOULD I CONFRONT THE NEIGHBOUR WHO TRESPASSED ON MY LAND?
You can try to negotiate peacefully with the trespasser to have them remove the structure that has encroached on your land. But make sure you know the exact size of the land you own. If your request is ignored, what should you do?
WHAT IF MY WARNINGS TO THE NEIGHBOUR FALLS ON DEAF EARS?
You can take action against the trespasser by filing a civil suit for trespass of land. This allows you to claim damages and obtain an injunction to stop them from invading your property. If you’ve lost lawful possession, you can also pursue recovery of the land, which was formerly known as ejectment
UNPACKING TRESPASS OF LAND: KEY ELEMENTS YOU NEED TO KNOW!
There are 2 elements.
1. Mental State of the Intruder
Sulaiman voluntarily built the wall, indicating he intended to trespass on Matheo’s land, even if he didn’t mean to cause harm.
2. Interference
Trespass to land consists of three factors;
a. Trespassing on Other People’s Land: Sulaiman’s wall directly encroached upon Matheo’s land, violating Matheo’s right to exclusive possession of his property.
b. Continuing to Remain on That Land: The wall now remains on Matheo’s property, meaning that Sulaiman has allowed his structure to remain on land that does not belong to him. This is a continuing trespass.
c. Placing an Object on That Land: By building the wall, Sulaiman has placed a physical structure (the wall) on Matheo’s land without permission, further solidifying the act of trespass.
BRAVE ENOUGH TO EVICT THE TRESPASSER ON YOUR OWN? THINK TWICE!
While it might be tempting to remove trespassers on your own, it’s risky. Forceful eviction without a court order can lead to legal troubles. Landowners might even face claims for damages or accusations of assault. Plus, confrontations can turn dangerous. Instead, let your lawyers handle it legally and safely for a smooth eviction process.
Are you overwhelmed by issues of encroachment on your land? Need an effective solution to protect your rights? Contact us!
