TPA - Trespasser's Rights over Abandoned Property
property bar_exam beginner poll_styleI've been stuck on this question for days, guys. It's from our Property Law notes, but it seems like a tricky one for the TPA section of the Bar Exam/ AIBE. The question is:
Option 1: A person trespasses on a property, and the owner abandons it. The trespasser can continue to occupy the property without the owner's consent because the owner has lost ownership.
Option 2: Even if the owner abandons the property, the trespasser still needs the owner's consent to continue occupying it because the trespasser is a trespasser, full stop.
Which option is correct, and why?
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Dost, TPA doesn't directly deal with trespasser's rights over abandoned property. But, we can relate it to Section 53, TPA, which states that trespasser is liable to pay compensation to the owner. If property is abandoned, it's a bit tricky. Ideally, no one has ownership rights. But, courts have taken a pragmatic approach, considering the principle of 'actus curiae naturae' - nature follows its own course. Ownership might still vest in original owner or local panchayat.