TRESPASS TO LAND

Where a person disrupts the right to exclusive possession of another to his/her land by unauthorized entry, there may be a trespass to land. To prevail in claim for trespass to land, the plaintiff must show:

  1. The plaintiff owned, leased, occupied, or controlled the property;
  2. The defendant intentionally or, although not intending to do so, recklessly or negligently entered the plaintiff’s property, or caused another person or thing to do so.
  3. The plaintiff did not give permission for the entry or the defendant exceeded the plaintiff’s permission;
  4. The plaintiff was harmed; &
  5. The defendant’s entry or conduct was a substantial factor in causing the plaintiff’s harm.

A defendant can trespass without physical entry by, for example, causing an object to enter the plaintiff’s property. Additionally, intrusion may be intangible- noise, vibrations, etc.- provided it causes damage to land.

“As a general rule, landowners and tenants have a right to exclude persons from trespassing on private property; the right to exclude persons is a fundamental aspect of private property ownership.” (Allred v. Harris (1993) 14 Cal.App.4th 1386.) 

Please follow and like us:

Leave a Reply

Your email address will not be published. Required fields are marked *