trespass ab initio
Where a person enters land under authority given by law (not by the owner's permission) and then abuses that authority by a positive wrongful act, his original entry is treated as a trespass from the beginning. The rule comes from the Six Carpenters' Case (1610), which also held that a mere omission (non-payment for wine) does not make the entry a trespass ab initio.
The doctrine applies to entries by legal authority, such as a police officer or bailiff, and not to entries by licence of the owner. English courts have since doubted it (Chic Fashions v. Jones, Court of Appeal, 1968), but it is still taught as part of Indian tort law.
Example
The officer who entered under a search warrant and then took away articles not covered by it was liable for trespass ab initio.
In Indian law
- The Six Carpenters' Case (King's Bench, 1610)
See also
Read more in the study notes
- Torts against property (Law of Torts)