Trespass to land

Under intentional torts

Trespass to land elements

1) A volitional act of physical invasion onto real property in the possession of another.

2) Intent

(a) to enter (or remain), or

(b) to cause a person or tangible thing to enter (or remain). (subjective)

(Knowledge/ substantial certainty still enough)

(3) The act is a substantial cause (directly or indirectly) of physical invasion of real property in possession of another. (objective)

Trespass to land (intent)

Defendant intentionally enters or causes an object to enter on the land possessed by plaintiff. The intent needs not be to trespass, only to enter the land. An actor can unknowingly commit trespass to land as long as they are intentionally entering or causing an object to enter the land of another. (intent portion of tort)

Trespass to land action/result

Defendant actually has to enter or cause an object to enter on the land possessed by plaintiff.

Trespass to land exception

If the defendant unintentionally enters, the tort begins if defendant refuses to leave after learning of trespass. (exception to the tort)

Trespass to land damages

No harm required for nominal damages. Can receive compensatory damages for loss of use of land. Deprives the owner of his right to quite, peaceful, enjoyment of his property.

Injunctive relief – physically remove trespasser

Punitive Damages – available if Trespass is deliberate or malicious

Extended Liability - ∆ is liable for harm caused, even if no harm was intended. E.g. trespassed, smoked a cigarette – put it out in what reasonably thought was a water puddle, was actually gasoline – burned down barn. Liable for barn.

Rodgers v. Road commissioners

Trespass action will lie if the D entered the landwith permission but then overstayed theduration of the permission. (case holding)

Other ways to be liable for trespass to land

Like shooting over someone’s property, leaving chattel on land or staying on land past time allowed to be there

Failure to remove a thing placed on the land is considered a trespass, even if you had a license or other privilege, if your were required to remove it and failed you are liable for trespass.

Even the accidental trespass of land that you believed was your own is still a trespass