Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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5.

The act of unlawfully entering into another’s property is know as

A: Breach of property
B: Trespass
C: Easement
D: Escheat

The answer is: B

Explanation

The correct option is B: Trespass.

According to the legal principle of trespass, whoever enters into or upon the property in the possession of another without a lawful excuse or with the intent to commit an offence or to intimidate, insult or annoy any person in possession of such property commits criminal trespass. Trespass to property is a common law tort that is committed when an individual or the object of an individual intentionally enters the property of another without a lawful excuse. The party whose property is entered upon may sue even if no actual harm is done.

Some additional sentences are:

- Breach of property is not a legal term, but it may refer to a violation of a contract or a duty related to property rights.

- Easement is a legal right to use another's property for a specific purpose, such as access, drainage, or utility lines. Easement does not involve unlawful entry or possession of the property.

- Escheat is a legal process by which the state acquires the property of a person who dies without heirs or a valid will. Escheat does not involve unlawful entry or possession of the property.