18 N.C. 371 (1835)
Dougherty, the owner of the tract of land by title, commenced an action for trespass against Stepp in the appropriate lower court. The defendant had entered the property without permission.
Upon entering the land, Stepp proceeded to conduct a survey and to mark trees as part of that process.1 The locus in quo contained shrubbery but had not been placed under cultivation or enclosed by any fence or barrier.2 Throughout these activities, Stepp asserted an unfounded claim of right to the land in question.3
The case came on for trial before a jury in the lower court. At that proceeding, the trial judge delivered instructions to the jury concerning how to determine the amount of damages based on the acts done on the land and the extent of injury resulting from them.4
After the jury returned its verdict, the matter was brought before the Supreme Court of North Carolina, which undertook review specifically of the trial court's instructions to the jury.5
Whether an unauthorized entry onto land to conduct a survey and mark trees constitutes a trespass?6
Every unauthorised, and therefore unlawful entry, into the close of another, is a trespass. From every such entry against the will of the possessor, the law infers some damage; if nothing more, the treading down the grass or the herbage, or as here, the shrubbery.7
Yes. The rule applies directly to the facts of this case.8
Dougherty held title to the land, establishing it as his close in the absence of any adverse possession.9 Stepp's entry to conduct the survey and mark trees was unauthorized and based on an unfounded claim of right.10 The law therefore infers damage from the entry itself, including the treading down of the shrubbery on the land.11
The unauthorized entry onto land to conduct a survey and mark trees constitutes a trespass.12