Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
RESPA
abbr. REAL ESTATE SETTLEMENT PROCEDURES ACT.
Trespass
n. 1. An unlawful act committed against the person or property of another; esp., wrongful entry on another's real property. 2. At common law, a legal action for injuries resulting from an unlawful act of this kind. 3. Archaic. MISDEMEANOR. - trespass, ub. - trespassory (tres-pa-sor-ee), adj. "The term trespass has been used by lawyers and laymen in three senses of varying degrees of generality. (1) In its widest and original signification it includes any wrongful act - any infringement or transgression of the rule of right. This use is common in the Authorised Version of the Bible, and was presumably familiar when that version was first published. But it never obtained recognition in the technical language of the law, and is now archaic even in popular speech. (2) In a second and narrower signification - its true legal sense - the term means any legal wrong for which the appropriate remedy was a writ of trespass - viz. any direct and forcible injury to person, land, or chattels. (3) The third and narrowest meaning of the term is that in which, in accordance with popular speech, it is limited to one particular kind of trespass in the second sense - viz. the tort of trespass to land (trespass quare clausum fregit)." R.F.V. Ileuston, Salmond on the Law of Torts 4 (17th ed. 1977). "Before the word
Trespasser
One who commits a trespass; one who intentionally and without consent or privilege enters another's property. ( In tort law, a landholder owes no duty to unforeseeable trespassers. Cf. INVITEE; LICENSEE (2). "The word 'trespasser' has an ugly sound, but it covers the wicked and the innocent. The burglar and the arrogant squatter are trespassers, but so are all sorts of comparatively innocent and respectable persons such as a walker in the countryside who unhindered strolls across an open field. Perhaps much of the trouble in this area has arisen from 'the simplistic stereotype' of the definition. The courts are therefore beginning to recognise that the duty of the occupier may vary according to the nature of the trespasser." R.F.V. Heuston, Salmond on the Law of Torts 278 (17th ed. 1977).
continuing trespass
A trespass in the nature of a permanent invasion on another's rights, such as a sign that overhangs another's property.
criminal trespass
1. A trespass on property that is clearly marked against trespass by signs or fences. 2. A trespass in which the trespasser remains on the property after be- ing ordered off by a person authorized to do So.
innocent trespass
A trespass committed either unintentionally or in good faith.
innocent trespass.
See TRESPASS.
innocent trespasser
One who enters another's land unlawfully, but either inadvertently or believing in a right to do so.
innocent trespasser.
See TRESPASSER.
joint trespass
See TRESPASS
malicious trespass
See MALICIOUS MISCHIEF.
permanent trespass
See TRESPASS.
trespass ab initio
See TRESPASS.
trespass by relation
A trespass committed when the plaintiff had a right to immediate possession of land but had not yet exercised that right. ( When the plaintiff takes possession, a legal fiction treats the plaintiff as having had possession ever since the accrual of the right of entry. This is known as trespass by relation because the plaintiffs possession relates back to the time when the plaintiff first acquired a right to possession.
trespass de bonis asportatis
See TRESPASS.
trespass for mesne profits
Hist. An action -supplementing an action for ejectment -brought against a tenant in possession to recover the profits wrongfully received during the tenant's occupation.
trespass on the case
At common law, an action to recover damages that are not the immediate result of a wrongful act but rather a later consequence. 0 This action was the precursor to a variety of modern-day tort claims, including negligence, nuisance, and business torts. - Often shortened to case. -Also termed action on the case; breue de transgressione super casum "The most important of the writs framed under the authority of the statute of Westminster 2 is that of
trespass quare clausum fregit
[Latin "why he broke the close"] 1. A person's unlawful entry on another's land that is visibly enclosed. ( This tort consists of doing any of the following without lawful justification: (1) entering upon land in the possession of another, (2) remaining on the land, or (3) placing or projecting any object upon it. 2. At common law, an action to recover damages resulting from another's unlawful entry on one's land that is visibly enclosed. - Also termed trespass to real property; trespass to land; quare clausum querentis fregit. See trespass vi et armis. "Every unwarrantable entry on another's soil the law entitles a trespass by breaking his close; the words of the writ of trespass commanding the defendant to chew cause, quare clausum querentis fregit. For every man's land is in the eye of the law enclosed and set apart from his neighbour's: and that either by a visible and material fence, as one field is divided from another by a hedge; or, by an ideal invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field. And every such entry or breach of a man's close carries necessarily along with it some damage or other: for, if no other special loss can be assigned, yet still the words of the writ itself specify one general damage, viz. the treading down and bruising his herbage." 3 William Blackstone, Commentaries on the Laws of England 209-10 (1768).
trespass to chattels
See TRESPASS.
trespass to land
See trespass quare clausum fregit (2).
trespass to personal property
See trespass 'bonis asportatis under TRESPASS.
trespass to real property
See trespass quare clausum fregit (2).
trespass to try title
1. In some states, an action for the recovery of property unlawfully withheld from an owner who has the immediate right to possession. 2. A procedure under which a claim to title may be adiudicated.
trespass vi et armis
[Latin "with force and arms"] 1. At common law, an action for damages resulting from an intentional injury to person or property, esp. if by violent means; trespass to the plaintiff's person, as in illegal assault, battery, wounding, or imprisonment, when not under color of legal process, or when the battery, wounding, or imprisonment was in the first instance lawful, but unnecessary violence was used or the imprisonment continued after the process had ceased to be lawful. 0 This action also lay for injury to relative rights, such as menacing tenants or servants, beating and wounding a spouse, criminal conversation with or seducing a wife, or debauching a daughter or servant. 2. See trespass quare clausum fregit. ( In this sense, the "force" is implied by the "breaking" of the close (that is, an enclosed area), even if no real force is used.