Also known as: unlawful trespasses · trespass
Written by attorneys · grounded in primary & secondary sources — see below
An intentional and unprivileged entry onto land in the possession of another, or a failure to remove a thing after consent or privilege has ended, that subjects the actor to liability irrespective of whether harm results to any protected interest of the possessor.
Umeko Uchida told the night manager she was a delivery driver with an urgent package. Once inside the warehouse, she used a crowbar to force open a locked storage room. The manager had consented only to daytime deliveries, so the nighttime entry by fraud counted as an unlawful trespass that satisfied the breaking element for burglary.
Uriah Urban saw Ulysses Ucelli climbing the fence onto his commercial lot at night. Urban pushed Ucelli off the fence and back onto the sidewalk. Because Urban reasonably believed the land was in his possession, the force was justified to terminate the unlawful trespass.
Select any source to read its text and confirm it supports the definition.
Unity Underhill deliberately stepped over the marked property line onto land occupied by Uptown Apparel to take a shortcut. The company had posted clear no-trespassing signs. Underhill's intentional entry without consent or privilege made her liable for trespass even though she caused no damage.
Una Ueda discovered a stranger inside her fenced yard and considered releasing her guard dogs. She knew the dogs would likely cause serious injury. Because the use of that force would expose the trespasser to substantial danger of serious bodily harm, the force was not justifiable.
Ulysses Ulrich walked across the corner of a neighbor's vacant lot to reach a public path. The neighbor was in possession of the lot. Ulrich's intentional presence on the land constituted an unlawful trespass even though the entry caused no physical harm.
Ugo Ucelli parked a trailer on land owned by Ultimate Solutions with permission limited to one week. After the week expired, the company revoked consent and demanded removal. Ucelli's continued presence of the trailer after the privilege terminated constituted an unlawful trespass.
No. Liability for trespass arises from an intentional and unprivileged entry or continued presence even when the land, possessor, or things on the land suffer no harm.
Supporting sources
Consent limited to certain times does not authorize entry at other times, and consent obtained by fraud or threats is ineffective, so the entry remains an unlawful trespass.
Supporting sources
No. Force is not justifiable if the actor knows that excluding the trespasser will expose the trespasser to a substantial danger of serious bodily harm.
Supporting sources
Yes. Continued presence of a structure or chattel after consent or privilege has terminated constitutes an unlawful trespass.
Supporting sources
Yes. An intentional entry is a trespass even when the actor acts under a reasonable but mistaken belief of fact or law that the land is open or that the actor is entitled to enter.
Supporting sources
…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…