When Does Trespass To Land Become Actionable?

The essence of an action in trespass is a direct interference with another person's land or goods or person. It developed from the need to protect individual interest in persons, property and personal liberty where there is an interference with any of these interests.

In the interest of protecting security of persons and property, the law of tort recognizes a remedy when a protected interest has been violated even when the victim has not suffered any damage.

Thus, the action in trespass is based on the concept that liability in tort could arise even if no damage has been suffered. See the case of Okoye v. Onyekwum (1966-7) 10 ENLR 97, Law, Cases and Materials on Torts in Nigeria by J.I. Targema, published by Innovative Communications, 2014.