Trespass

Question 1

What is trespass?

Answer 1

An unauthorized intrusion onto another’s land.

Question 2

What was the significance of Marrone v. Washington Jockey Club?

Answer 2

Buying a ticket = a personal right or contract, not a right in rem. No trespass when Marrone was kicked out of the club.

This case illustrates the distinction between personal rights and property rights.

Question 3

What property rights are protected by trespass action?

Answer 3

• Exclusive Possession: protected without proof of harm
• Right in Rem: enforceable against the world

Question 4

What was the ruling in Jacque v. Steenberg Homes?

Answer 4

∆ intentionally trespassed on Jacque’s property.
Court overturned the Bernard Rule; nominal damages can sustain punitive damages for intentional trespass.

This case emphasized the importance of the right to exclude others from property.

Question 5

What was determined in Babb v. Lee County Landfill regarding odors?

Answer 5

Odors are NOT considered trespasses; damages for temporary nuisance or trespass = loss in rental value.

This case clarifies the distinction between trespass and nuisance.

Question 6

What harm does trespass law address?

Answer 6

Harm addressed is loss of individual right to exclude.