Principle Trespass is the Unauthorized Entry Through the Person Or Tangible Object into the Property of Another. the Rights of Property Exist on the Surface, Aerially and in the Subterrain. - Legal Reasoning

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PRINCIPLE Trespass is the unauthorized entry through the person or tangible object into the property of another. The rights of property exist on the surface, aerially and in the subterrain.

FACTS Kumari and Shravan lived in houses interspersed by the plot of Shantanu. Kumari and Shravan set-up a walkie talkie connection by setting up their transmitte~s facing each other. When Shantanu came to know about the arrangement, he filed a suit of trespass stating that the same was a case of trespass as signals could reach each other only by crossing his plot.

Options

  • Shantanu shall succeed as the signals transmit through his property

  • Shantanu shall not succeed as the transmitters do not belong to him

  • Shantanu shall succeed as the signals transmit aerially

  • Shantanu shall not succeed as signals are not tangible

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Solution

Shantanu shall not succeed as signals are not tangible

Concept: Law of Torts (Entrance Exams)
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