Trespass to Land Flashcards
(9 cards)
What is the intentional tort of trespass to land?
Occurs when the defendant causes or is a substantial factor in bringing about a physical invasion of the plaintiff’s land.
What interest is protected in a trespass to land case?
The right of exclusive possession of land and its physical condition.
What constitutes a physical invasion in trespass to land?
Any tangible ‘thing’ that enters the land, such as people and visible solids/liquids.
What did the Oregon Supreme Court hold in Martin v. Reynolds Metals Co. regarding trespass?
Settling of gaseous and particulate fluorides on land can be an actionable trespass.
What additional requirement is often added by courts following the Martin approach?
The plaintiff must show proof of actual harm or substantial harm to their land.
In typical trespass to land cases, when are defendants held liable?
Even when the trespassory invasion causes no compensable harm to the plaintiff’s property.
What is the intent requirement for trespass to land?
The defendant must desire or be substantially certain that his actions will cause a physical invasion.
Is intent to trespass required for liability in trespass to land?
No, intent to trespass is not required.
True or False: A reasonable mistake regarding the identity of the land is a defense in trespass to land.
False.
