Tag Archives: property lawyers
What Kind of Intent, and Harm, Is Required For Trespass?
A TRESPASS REQUIRES ONLY INTENT TO ENTER THE LAND WHERE THE TRESPASS OCCURRED. Like a number of other torts, the level of “intent” required to prove a trespass claim is very low. The defendant (trespasser) only needs to have an intent to go to, or be at, the place where the trespass occurred. A trespass claim… Read More »
People Have a Duty to Maintain Property And Eliminate Hazards
People who own, possess, or control property have a legal duty to maintain the land (and buildings or other structures on it) in reasonably safe condition. Many times, the duty is described as a “landowner” duty, but in reality it applies to people other than landlords and property owners alone. Anyone who has possession or… Read More »
Are Your Neighbors a Nuisance … or Just Annoying?
WHAT CONSTITUTES A LEGALLY RECOGNIZED NUISANCE? People often use the word “nuisance” to describe a thing that annoys them. However, it’s important not to confuse the common definition of “nuisance” with the (more complicated) legal claim that shares the name. Annoyances are not legally actionable, but under the right circumstances, homeowners can sue to… Read More »
