Also known as: trespasses · trespassed · trespassing · tortious entry · unauthorized entry
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort by which a person who enters or remains on land in the possession of another without permission or privilege becomes liable to the possessor even if no harm results. Liability also extends to the continued presence of a structure or chattel placed on the land after consent or privilege ends.
Tanner Thompson received permission from Taliah Tang to enter her trailer only during daytime hours to retrieve tools. After sunset Tanner removed a board nailed across a window and inserted a pry bar to reach a locked safe inside the bedroom area. The limited consent did not authorize entry by force at night, so the entry constituted a trespass that satisfied the breaking element for burglary analysis.
Tori Taylor believed Thomas Thompson was unlawfully driving her trailer out of a fenced freight yard. She ordered a guard to block the path and the guard shoved Thompson aside. Because Thompson was attempting to recapture property amid a bona fide claim-of-right dispute, the use of force was not justified under the defense-of-property rules.
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Theresa Tucker walked across Tundra Resources' posted field to reach a neighboring parcel. The company had not consented and no damage occurred. The intentional entry onto land in the company's possession subjected Tucker to liability for trespass regardless of the absence of harm.
Thaddeus Tran climbed a fence to retrieve a trailer he claimed Triumph Manufacturing had wrongfully impounded. A guard stood between Tran and the trailer. Tran knew that forcing the guard aside would expose the guard to serious bodily harm, rendering the use of force unjustified.
Taliah Tang entered Trailblazer Airlines' hangar believing she held a valid right to inspect equipment. The belief was mistaken and not induced by the airline. The intentional entry still rendered Tang liable for trespass even though the mistake was reasonable.
True North Logistics left a storage container on Theresa Tucker's land under a temporary license that expired. After the license terminated the company failed to remove the container. The continued presence of the chattel on the land constituted a trespass.
No. Liability for trespass 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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No. An intentional entry remains trespassory even when the actor holds a mistaken belief of law or fact, however reasonable, that he is entitled to enter.
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Consent limited to certain times does not authorize entry by force at other times, and consent procured by fraud or threats is ineffective.
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No. The use of force 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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Yes. Continued presence of a structure or chattel after consent or privilege has terminated constitutes a trespass.
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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,…