A trespass occurs when a defendant intentionally enters into the land of the plaintiff. The tort of trespass protects one's interest in the exclusive possession of his/her land. This is to be distinguished from the tort of "nuisance" which protects one's interest in the free and unhindered use and enjoyment of that land.
A person is subject to liability for trespass, if he/she intentionally does any of the following:
- Enters the land or causes another to do so;
- Remains on the land when asked to leave; or
- Fails to remove from the land a thing he/she is under a duty to remove.
Although intent to enter the land is a required element of trespass, a defendant who does not know the land belongs to another can still commit trespass. The following examples, therefore, would not be defenses to trespass:
a) Incorrectly believing the land to be his/hers
b) Incorrectly believing the land belongs to someone other than plaintiff
c) Incorrectly believing that he/she is permitted to be on plaintiff’s land
d) Incorrectly believing to have plaintiff’s consent to be on plaintiff’s land
e) Not knowing he/she is on another’s land
Contacting a Trespass Lawyer
If you or a loved one has endured trespass, call a trespass attorney at The Rothenberg Law Firm at 1-800-624-8888 or submit an online questionnaire. The initial consultation is FREE of charge. We work on a contingency fee basis, which means if we agree to handle your case, we only get paid for our services if there is a monetary recovery of funds.
In many cases, a lawsuit need be filed before an upcoming expiration date, known as a Statute of Limitations. Therefore, it is paramount to your claim’s success to call right away to ensure that you do not waive your right to possible compensation.