Trespass - Explained
Civil Action for Entering and Remaining on Property Wrongfully
Written by J. Mance Gordon
Updated at April 20th, 2024
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What is Trespass?
The tort of trespass involves physically entering onto someone else's land without consent or remaining there after being asked to leave (consent is revoked).
What is Civil and Criminal Trespass?
The tort of trespass is similar to the crime of trespass. The difference between the civil action and the criminal charge is that a tort requires the existence of damages to be actionable.
- Note: In addition to personally entering someone's land, trespass can occur by projecting something (such as pollution or garbage) onto another's land without consent.
Related Topics
- Tort Law (Intro)
- What are Torts?
- What are the types of torts?
- What are Intentional Torts?
- Unintentional Tort
- Assault and Battery?
- Intentional Infliction of Emotions Distress?
- Invasion of Privacy?
- False Imprisonment?
- Malicious Prosecution?
- Trespass?
- Conversion?
- Defamation?
- Defenses to Defamation?
- Absolute Privilege
- Defamation and 1st Amendment Considerations?
- Fraud?
- Intentional Interference with Contractual Relations?
- What is Negligence?
- Negligence A Duty of Care?
- Negligence Breach of Duty of Care?
- Causation?
- Cause-in-Fact
- What are common defenses to negligence actions?
- What is Strict Liability?
- Strict Liability Causes of Action Examples
- Strict Products Liability
- What defenses exist to strict product liability actions?
- Compensatory damages?
- Punitive damages?
- Treble Damages