6) IT - Trespass to Land Flashcards
trespass to land: def
intentional physical invasion of P’s land, interfering w P’s possessory interest in the land
trespass to land: elements
1) intent
2) entry
3) to P’s land
trespass to land: intent: def
ojo! NOT intent to trespass. just intent to enter the land (so even if it was a mistake, you thought you had permission, etc etc)
trespass to land: intent: kinds
EITHER:
1) D desired to enter the land OR
2) D knew that entering the land was virtually certain to result
intent: mistake ok: exception
still need a voluntary act! So ex. falling onto the land doesn’t count
intent: mistake
mistake is not a defense to a trespass action!
liability:
no separate harm element –> trespassor is liable for FULL extent of their harm (and nominal damages even if no harm)
entry: def
physical invasion by object of particulate nature, even if invisible (ex. pesticide)
entry: noise?
no, nuisance
entry: bad smell?
no, nuisance
entry: ways
1) D enters the land
2) D causes another person to enter the land
3) D causes an object to enter the land
4) D enters the land lawfully, but then remains there when no longer lawful
5) D fails to remove an object from P’s land that D was obligated to remove
entry: def of land
includes reasonable amount above and below the horizon, so ex. bullet whizzing over the land counts
P’s land element–who can bring a claim
bc it’s possessory interest, ANYONE in possession of land can bring a trespass action (LL, T, AP’er, etc)
P’s land claim–who can bring claim for what
?? seems to depend on harm to you –> possessor can bring th eaction, but if permanent damage to the land then owner can too
remedies
1) nominal damages ok
2) compensatory: D is liable for all of the harm caused by trespass
3) punis, if bad intent
4) ejectment
