Also known as: trespass to land · trespass to real property · trespass · land trespass
Written by attorneys · grounded in primary & secondary sources — see below
A tort imposing liability on a person 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 or privilege has ended, without regard to whether harm results.
Tyrone Tran receives permission from the homeowner to enter the house only between 9 a.m. and 5 p.m. to deliver packages. Tyrone arrives at 8 p.m., forces the side door open, and steps inside to leave a package. The homeowner later sues for trespass to land. The entry after hours without renewed consent satisfies the elements of the tort.
Tundra Resources believes a competitor's employee is unlawfully removing equipment from its storage yard. The employee enters the yard without permission and begins loading items. Tundra sues the competitor for trespass to land. The employee's intentional entry onto land possessed by Tundra satisfies the elements of the tort.
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Tiffany Torres walks across Theodore Tucker's vacant lot to reach a shortcut, knowing the lot belongs to him. No damage occurs to the soil or vegetation. Theodore sues for trespass to land. The intentional entry alone triggers liability even though the land suffers no physical injury.
Trevor Tate installs electrified fencing around his rural property after repeated nighttime intrusions. A neighbor's child enters the property by crossing the fence line. Trevor sues the neighbor for trespass to land. The child's intentional entry onto land possessed by Trevor satisfies the elements of the tort.
Tamara Tan steps onto Tyler Taylor's posted private beach to take photographs at sunset. The sand shows no lasting marks and no one else is present. Tyler sues for trespass to land. The intentional entry subjects Tamara to liability although her presence causes no harm to the land or its possessor.
Triumph Manufacturing leaves a large storage container on land owned by Torchlight Media under a temporary license that expires on a set date. After the license terminates, the container remains in place for several weeks. Torchlight sues for trespass to land. The continued presence of the chattel after the privilege ends constitutes a trespass.
No. Liability arises from the intentional entry itself, even when the presence on the land causes no harm to the land, its possessor, or any protected interest.
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Yes. Intentional entry without consent or privilege creates liability regardless of a reasonable but mistaken belief about legal entitlement to the land.
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Continued presence becomes trespassory once consent or a privilege to remain has been effectively terminated and the actor fails to remove the structure, chattel, or other thing placed on the land.
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Force used to prevent or terminate a trespass is not justifiable if the actor knows that exclusion will expose the trespasser to substantial danger of serious bodily harm.
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…that those principles have been constitutionally applied. This is such a case, particularly since the question is one of alleged trespass across "the line between speech unconditionally guaranteed and speech which may legitimately be regulated." Speiser v. Randall, 357 U. S. 513, 525. In cases where that line must be drawn,…