Trespass

Trespass

1. D enters or causes entry onto land (or remains on land, or fails to remove an object from land that D is duty-bound to remove)

2. Land is in the lawful possession of another 

3. D intended to enter or cause entry onto the land (or intended to remain on the land or fail to remove an object from the land) [regardless of whether D knows that the land belongs to another] 

Desnick

•  Fraudulent eye exam patients who secretly recorded the operations of the clinic

  • Does fraud invalidate consent? Depends on public vs. private space and who’s soliciting whom—the doctor is soliciting patients anyway

Pegg

• Fox hunting dogs crossed into P’s land

  • Example of substantial certainty sufficing as intent—D was substantially certain that the dogs would cross into P’s land, whether he intended them to or not 

Malouf

• Golf balls from D’s course hitting P’s cars 

  • Established that if P is unaware of the likelihood (i.e., not substantially certain), the likelihood is lower, and/or the item that crosses the property line is less controllable (dogs vs balls), trespass is less likely