Trespass (Quimbee) Flashcards
What are the elements of the intentional tort of trespass to land?
The four elements of the intentional tort of trespass to land are: (1) an intentional, (2) unlawful, (3) physical entry onto real property (4) in possession of another. A claim for trespass to land may be brought by the owner or rightful possessor (e.g., a lessee).
What is the intent required for trespass to land?
The intent required for trespass to land is the intent to do some act that results in an unlawful physical entry onto someone else’s property. The defendant does not need an intent to enter another’s real property unlawfully. It is not necessary for the defendant to be aware of the unlawful entry onto the property.
In trespass to land, under what circumstances is a defendant’s physical entry onto someone else’s real property unlawful?
In trespass to land, a defendant’s physical entry onto someone else’s real property is unlawful if the defendant enters either:
without consent of the property’s lawful possessor or
without some other legal privilege to enter the property.
That said, even if a defendant has consent or a legal privilege to enter the property, the consent or privilege may extend to only a limited portion of the property or may expire after a particular time.
In trespass for land, may a defendant’s initially lawful presence on the property later become unlawful?
Yes. In trespass to land, a defendant’s initially lawful presence on the property can later become unlawful. This may occur when the defendant remains on the property after the possessor’s initial consent expires. Alternately, this may occur if the defendant moves from a part of the property on which the defendant was authorized to be to another part of the property on which the defendant is not authorized to be.
In trespass to land, what is physical entry onto property?
In trespass to land, physical entry onto property means that some kind of physical object—whether the defendant’s body or some other physical object—actually enters the property. Trespass for land, therefore, does not arise if a defendant causes light, sound, or smells to enter another’s property. However, the defendant may be liable to the plaintiff for some other tort, like nuisance, in such cases.
In trespass to land, under what circumstances does direct entry occur?
In trespass to land, direct entry occurs if the defendant causes a part of the defendant’s own body, or something intimately connected with his person, to enter the plaintiff’s property. A defendant’s unlawful, direct entry onto the plaintiff’s land will satisfy the entry element of trespass to land.
In trespass to land, under what circumstances does indirect entry onto the property occur?
In trespass to land, indirect entry occurs if the defendant sets in motion a chain of events that causes some physical object, apart from the defendant’s person, to enter the plaintiff’s property. A defendant’s unlawful, indirect entry onto the plaintiff’s real property will satisfy the entry requirement of trespass to land.
A plaintiff filed a trespass action, complaining that the defendant’s house encroaches onto the plaintiff’s lot. The undisputed evidence showed that the defendant’s house does encroach onto the plaintiff’s property and occupies about 10 percent of the plaintiff’s total lot. All parties agreed that the defendant caused the encroachment by mistake and without malice.
Is the encroachment a trespass?
Yes. The encroachment is a trespass to land. Trespass to land is the intentional, unlawful (meaning without consent or legal privilege) physical entry onto real property in possession of another. To satisfy the intent element, the defendant does not need to intend to trespass. Rather, the defendant needs only to do an intentional act that causes unlawful physical entry upon another’s land.
Here, the defendant intentionally built a house, and the house physically entered the plaintiff’s land. The plaintiff never consented to the entry. Therefore, the entry was unlawful. Thus, even if the defendant never intended to trespass, the defendant still committed an intentional act that caused an unlawful entry onto someone else’s land. This means the encroachment is an actionable trespass to the plaintiff’s land.
Is unlawful entry onto land limited to entries on the surface of the land?
No. Unlawful entry onto land is not limited to entries on the surface of the land. If the possessor of the land also possesses the airspace above the land, entry into this airspace can constitute trespass. Likewise, entry beneath the surface can constitute trespass if the possessor of the land also possesses the area beneath the surface of the land.
What is a superior right of exclusive possession with respect to real property?
A superior right of exclusive possession with respect to real property means a legal right to possess the property to the exclusion of others and to which all other rights are inferior. Trespass is interference with possession, not with ownership. The right of exclusive possession is not necessarily the same as ownership or title. Therefore, a trespass action may be brought by a lessee or by anyone with a superior right to exclusive possession of the property when another makes entry.
Does a trespasser need to intend a wrong in order to trespass?
No, the trespasser need not intend the wrong.
Does a trespasser need to intend a harm in order to trespass?
No, the trespasser need not intend or do a harm.
