Infringement on the Property in English Law - A Comparative Study - with the Iraqi Civil Code

Trespass to land is considered as a kind of civil tort in English law. It is worth-bearing in mind that these civil torts have been included within the law of torts, which is defined as an unwritten law, based on judicial precedents made by English courts. This law has also contained some other torts, the most important of which are negligence, defamation, and nuisance; trespass to land can be defined as an unjustifiable interference with the possession to land. The elements of this kind of tort are as follows: 1- The act of trespass. 2- Unlawful entry to land. 3- Causation or causal relationship. It is to be noted that the basis of civil liability emerged from the trespass to land lies in the subjective theory of liability, because it depends upon the international act, based upon intention and malice, which corresponds the liability for negligence, if can, therefore, be said that both of them come under the title of the strict-liability tort. .