- Every unlawful entry onto a land
You do not need to prove damage — the act of intrusion itself is a legal wrong. This is called being actionable per se.
“Every invasion of property, be it ever so minute, is a trespass.” – Entick v Carrington [1765]
3 Types of Trespass
1) Direct Trespass: Physical entering or placing objects on another’s land. Actionable even with zero damage — strict liability.
2) Indirect Trespass: Actions from your own land that spill over — discharging water, chemicals, vibrations or tree roots crossing the boundary.
3) Continuing Trespass: Objects or structures left on another’s land indefinitely. A fresh cause of action is born every single day they remain.
What makes a trespass?
🎯Intention
- Intended to do the act — not necessarily to trespass. Honest mistakes are no defence.
🚶Voluntary Act
- Entry must be willful. Being physically pushed onto land is NOT trespass.
⚠️ Foreseeable Interference
- The intrusion must be a foreseeable consequence. Magnitude is irrelevant — any interference suffices.
Key rule: Even if you didn’t know you were trespassing, you are still liable.
Defences to Trespass
Licence
- Express, implied or contractual permission. But abusing a licence makes you a trespasser ab initio — from the very beginning.
Operation of Law
- Statutory powers (local authority, TNB). Must be exercised lawfully with reasonable notice. Cannot override the Federal Constitution.
Necessity
- Entry genuinely necessary to preserve life or property. The urgency must exist at the time — not judged in hindsight. Burden is on the defendant.
What Can You Claim?
General Damages
- Market rental value of the land for the trespass period, even without actual loss suffered.
Exemplary Damages
- When the trespasser cynically profits from the wrong. The court makes them pay beyond compensation.
Mandatory Injunction
- Court orders removal of the trespass — demolish the wall, remove the anchors, take down the sign.
Restitution
- Claim the actual profits the trespasser made from using your land without consent.
“Public interest does not excuse trespass.” — Federal Court, Malaysia
Examples of trespass in action
- Ground anchors drilled beneath a neighbour’s land — held: continuing trespass, injunction granted. (Terra Damansara [2006])
- TNB supplying electricity to unlawful squatters — held: trespass on owner’s land. Federal Constitution prevails. (TNB v Bukit Lenang [2018] FC)
- Highway unipole in airspace above land — held: trespass, damages at prevailing market rental rate. (Pelantar Agresif [2013])
- Monsoon drain built on private land without notice — held: defence of justification fails. (R Meyyanathan [2023])
“The tort of trespass to land protects the possession of land from unauthorised interference. Even the most minute invasion constitutes an actionable wrong.”
— Property Law, George Miranda (Sweet & Maxwell, 2025)
For further information, please contact us at Miranda & Samuel:
- Dato’ George Miranda (george@mirandasamuel.com)
- Joy Sam Jia Qian (joy@mirandasamuel.com)
- Alisyah Maisarah (alisyah@mirandasamuel.com)
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– By George Miranda, Joy Sam Jia Qian, Alisyah Maisarah –
This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.
