Tag Archives: trespass
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 »
Who Can Sue — Or Be Sued — For Trespass?
TRESPASS LAWS PROTECT THE RIGHT TO POSSESSION OF LAND. Trespass claims are designed to protect possessory interests — the right to possess and control real property (usually land, but also buildings and fixtures on the land). A person who has the right to possess and control real property generally has standing to sue for trespass, meaning… Read More »
What is “Trespassing”?
Although sometimes used as a verb–trespassing–the legal name for the cause of action that arises when someone enters another person’s property without permission is actually Trespass. THE ELEMENTS OF TRESPASS. Legally speaking, “trespass” requires: 1. Knowing entry 2. Onto land owned by someone else 3. Without the owner’s permission. IS TRESPASS A CRIME OR A… Read More »
Are You Trespassing on Your Neighbor’s Land?
WHAT IS TRESPASSING? “Trespassing” means making an unauthorized entry onto land or property which belongs to another person, in a way that disrupts or interferes with the owner (or possessor)’s exclusive right to possession and control. In plain English: trespassing involves: 1. An entry onto “the land of another” – which may mean either land… Read More »
