trespass

An unlawful interference with one's person, property, or rights.

At common law, trespass was a form of action brought to recover damages for any injury to one's person or property or relationship with another. Any unauthorized intrusion or invasion of private premises or land of another. Antkiewicz v. Motorists Mut. Ins. Co., 91 Mich.App. 389, 283 N.W.2d 749, 753.

Trespass comprehends any misfeasance, transgression or offense which damages another person's health, reputation or property. King v. Citizens Bank of De Kalb, 88 Ga.App. 40, 76 S.E.2d 86, 91.

Doing of unlawful act or of lawful act in unlawful manner to injury of another's person or property. Waco Cotton Oil Mill of Waco v. Walker, Tex.Civ.App., 103 S.W.2d 1071, 1072.

An unlawful act committed with violence, actual or implied, causing injury to the person, property, or relative rights of another. It comprehends not only forcible wrongs, but also acts the consequences of which make them tortious. Mawson v. Vess Beverage Co., Mo.App., 173 S.W.2d 606, 612, 613, 614.

See also forcible trespass

- intruder.

@ continuing trespass

One which is in its nature a permanent invasion of the rights of another; as, where a person builds on his own land so that a part of the building overhangs his neighbor's land or dumps rubbish on the land of another. In such a case, there is a continuing wrong so long as the offending object remains. A trespass may be committed by the continued presence on the land of a structure, chattel, or other thing which the actor or his predecessor in legal interest has placed on the land:

(a) with the consent of the person then in possession of the land, if the actor fails to remove it after the consent has been effectively terminated, or

(b) pursuant to a privilege conferred on the actor irrespective of the possessor's consent, if the actor fails to remove it after the privilege has been terminated, by the accomplishment of its purpose or otherwise. Restatement, Second, Torts, No. 160.

@ criminal trespass

Criminal trespass is entering or remaining upon or in any land, structure, vehicle, aircraft or watercraft by one who knows he is not authorized or privileged to do so; and

(a) He enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to him by the owner thereof or other authorized person; or

(b) Such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are fenced or otherwise enclosed.

See also criminal

+ criminal trespass

The offense committed by one who, without license or privilege to do so, enters or surreptitiously remains in any building or occupied structure. Model Penal Code, No. 221.2. Offense is committed when a person without effective consent enters or remains on property or in building of another knowingly or intentionally or recklessly when he had notice that entry was forbidden or received notice to depart but failed to do so. Day v. State, Tex.Cr.App., 532 S.W.2d 302, 306

@ joint trespass

Exists where two or more persons unite in committing it, or where some actually commit the tort, the others command, encourage or direct it.

@ permanent trespass

One which consists of a series of acts, done on successive days, which are of the same nature, and are renewed or continued from day to day, so that, in the aggregate, they make up one indivisible wrong. 3 Bl.Comm. 212

@ trespass ab initio

One who innocently or with a privilege enters upon land may become a trespasser "from the beginning" if his subsequent conduct constitutes trespass by an abuse of such privilege

@ trespass de bonis asportatis

/trespas diy bownas aesparteytas/

(Trespass for goods carried away.) The technical name of that species of action of trespass for injuries to personal property which lies where the injury consists in carrying away the goods or property.

See 3 Bl.Comm. 150, 151

@ trespass for mesne profits

/trespas far miyn profats/ A form of action supplemental to an action of ejectment, brought against the tenant in possession to recover the profits which he has wrongfully received during the time of his occupation. 3 Bl.Comm. 205

@ trespass on the case

The form of action, at common law, adapted to the recovery of damages for some injury resulting to a party from the wrongful act of another, unaccompanied by direct or immediate force, or which is the indirect or secondary consequence of defendant's act. Such action is the ancestor of the present day action for negligence where problems of legal and factual cause arise. Mueller v. Brunn, 105 Wis.2d 171, 313 N.W.2d 790, 794. Commonly called, by abbreviation, "Case."

@ trespass quare clausum fregit

/trespas kworiy klozam friyjat/

"Trespass wherefore he broke the close."

The common-law action for damages for an unlawful entry or trespass upon the plaintiffs land. In the Latin form of the writ, the defendant was called upon to show why he broke the plaintiffs close; i.e., the real or imaginary structure inclosing the land, whence the name.

It is commonly abbreviated to "trespass qu. cl. fr."

See also trespass to try title

@ trespass qu. cl. fr.

See trespass quare clausum fregit

@ trespass to chattels

An unlawful and serious interference with the possessory rights of another to personal property

@ trespass to land

At common law, every unauthorized and direct breach of the boundaries of another's land was an actionable trespass. It is a wrong against one who has this right to possession, not necessarily against the person who has title but no immediate right to possession. No intent to commit a trespass was required. All that was necessary was that the act resulting in the trespass be volitional, and that the resulting trespass be direct and immediate. Nor did actual damage need be shown. Any trespass justified at least nominal damages. The present prevailing position of the courts, and Restatement of Torts, finds liability for trespass only in the case of intentional intrusion, or negligence, or some "abnormally dangerous activity" on the part of the defendant. Restatement, Second, Torts, No. 166.

See Zimmer v. Stephenson, 66 Wash.2d 477, 403 P.2d 343

Compare nuisance.

Extent of trespasser's liability for harm.

A trespass on land subjects the trespasser to liability for physical harm to the possessor of the land at the time of the trespass, or to the land or to his things, or to members of his household or to their things, caused by any act done, activity carried on, or condition created by the trespasser, irrespective of whether his conduct is such as would subject him to liability were he not a trespasser. Restatement, Second, Torts, No. 162.

Failure to remove thing tortiously placed on land.

A trespass may be committed by the continued presence on the land of a structure, chattel, or other thing which the actor has tortiously placed there, whether or not the actor has the ability to remove it. A trespass may be committed by the continued presence on the land of a structure, chattel, or other thing which the actor's predecessor in legal interest therein has tortiously placed there, if the actor, having acquired his legal interest in the thing with knowledge of such tortious conduct or having thereafter learned of it, fails to remove the thing. Restatement, Second, Torts, No. 161. Intrusions upon, beneath, and above surface of land.

(1) Except as stated in Subsection (2), a trespass may be committed on, beneath, or above the surface of the earth.

(2) Flight by aircraft in the air space above the land of another is a trespass if, but only if,

(a) it enters into the immediate reaches of the air space next to the land, and

(b) it interferes substantially with the other's use and enjoyment of his land. Restatement, Second, Torts, No. 159.

Liability for intentional intrusions on land.

One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally

(a) enters land in the possession of the other, or causes a thing or a third person to do so, or

(b) remains on the land, or

(c) fails to remove from the land a thing which he is under a duty to remove. Restatement, Second, Torts, No. 158

@ trespass to try title

The name of the action used ia several of the states for the recovery of the possession of real property unlawfully withheld, from an owner who has a right of immediate possession, with damages for any trespass committed upon the same by the defendant. A procedure by which rival claims to title or right to possession of land may be adjudicated, and as an incident partition may also be had when the controversy concerning title or right to possession is settled. It is different from "trespass quare clausum fregit (see above)," in that title must be proved.

See also ejectment

@ trespass vi et armis

/trespas vay et armss/ Trespass with force and The common-law action for damages for any injury committed by the defendant with direct and immediate force or violence against the plaintiff or his property.

See Mawson v. Vess Beverage Co., MO.APP., 173 S.W.2d 606, 613

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