Also known as: trespass · trespasses · trespass to land · trespass to chattels
Written by attorneys · grounded in primary & secondary sources — see below
A tort imposing liability on one who intentionally enters land in the possession of another or causes a thing or third person to do so, or who remains on the land after consent has terminated, irrespective of whether harm results to any legally protected interest of the possessor.
Tristan Thompson tells Tanya Tang he is a city inspector checking for gas leaks and asks to enter her fenced backyard. Relying on the statement, Tanya opens the gate and permits him inside. Once inside, Tristan photographs private areas of the property for personal use. Tanya later learns the story was false and sues for trespass.
Tyrone Tran sees Theodore Tucker climbing over his fence to retrieve a lost ball. Tyrone uses reasonable force to push Tucker back off the land before Tucker can fully enter. Tucker claims the push itself creates liability. The force is justified to terminate the unlawful entry.
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Tiffany Torres walks directly across Tyler Taylor's vacant lot as a shortcut to reach a nearby store. Tyler has posted no-trespassing signs along the edge. Tiffany knows the lot belongs to Tyler and intends to cross it anyway. Tyler sues for trespass even though no damage occurs.
Tanya Tang discovers Tristan Thompson sleeping in an abandoned shed on her remote property during a blizzard. She knows forcing him out immediately would expose him to serious injury from the storm. Tanya cannot lawfully use force to remove him under those conditions.
Theodore Tucker steps onto Tiffany Torres's lawn to read a posted notice about a neighborhood meeting. He leaves immediately after reading it and causes no damage. Tiffany sues anyway because the intentional entry alone satisfies the elements of trespass.
Tyler Taylor places a storage container on Tanya Tang's land with her temporary permission during a renovation. After the renovation ends and Tanya revokes permission, Tyler leaves the container in place for several weeks. Tanya sues for trespass based on the continued presence.
No. Liability attaches upon intentional entry onto land in the possession of another even when the presence causes no harm to the land, its possessor, or any protected interest.
No. Consent procured by fraud does not authorize entry, so the entrant remains subject to liability for trespass.
Consent is strictly limited to the area and purpose authorized by the possessor. Entering a different area exceeds the scope of consent and constitutes trespass.
No. Force to terminate a trespass is not justified if the actor knows exclusion will expose the trespasser to substantial danger of serious bodily harm.
Yes. Continued presence of a chattel after consent or privilege has terminated constitutes a trespass.
…of real property in the State on which Teleprompter has placed CATV components, alleging that Teleprompter's installation was a trespass and, insofar as it relied on § 828, a taking without just compensation. She requested damages and injunctive relief.[^maj-4] Appellee City of New York, which has granted Teleprompter an…