TORT — TRESPASS — TRESPASS TO LAND

In brief

•  The owner of property has the legal right to use it in whatever legal way they see fit, including restricting other people from entering it. Trespassing, often known as trespass to land, happens when someone enters another person’s property without their permission or a legal right to be there. Trespassing can be a criminal, a civil tort, or both, depending on the location of the trespass and the state’s laws. Trespassing can also occur when someone enters another person’s property without permission and refuses to leave after being asked.

Examples: Criminal trespass can be charged against someone who trespasses onto another person’s property and steals their personal belongings. However, if a trespasser damages the homeowner’s property, the homeowner can claim under civil tort law.

What are the elements to trespass onto land? 

•  Trespass to land is a common law tort that arises when an individual or the item they control enters another’s property without having the legal right or authorization to do so. The tort of trespass to land has two elements: an actual interference with the right of exclusive possession, known as the entry element, and an intent or negligence in entering the land of another.
•  The definition of criminal trespass varies from state to state. However, the general elements of criminal trespassing typically include intentionally entering or remaining on another person’s or property without authorization or consent, and entering or remaining on another person’s or property without authorization or consent.

How does one establish trespass to land?

•  In general, the plaintiff must show whether the defendant entered onto the land or whether the land belonged to another individual in order to show that the defendant is liable for trespass to the land. Furthermore, the defendant must not have had consent to enter and the trespasser must have caused damages.

Examples: Trespass to land examples include a person remaining in a cinema after the film has ended, a person remaining in another person’s home after being asked to leave, hunting on property where the individual is not authorized, and many more.