Also known as: civil trespasses · trespass · civil action for trespass
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort that imposes liability on a person who enters land in the possession of another or causes a thing or third person to do so without a privilege or consent. Liability attaches even when the entry causes no harm to the land or its possessor.
Select any source to read its text and confirm it supports the definition.
Charlotte Chung received permission from the owner to enter the fenced pasture only between 9 a.m. and 5 p.m. to retrieve her lost dog. At 11 p.m. she cut the lock on the gate and walked onto the property to search again. The owner sued for civil trespass.
Caitlin Crowley saw Cody Callahan driving his truck across her posted field to reach a neighboring parcel. She stood in the path and pushed the truck door when he tried to proceed. Callahan claimed the push was unjustified because it risked serious injury.
Claire Campbell walked across the corner of Catherine Carter's vacant lot to reach a bus stop even though a sign prohibited crossing. No damage occurred to the soil or vegetation. Carter sued for civil trespass based solely on the intentional crossing.
Christian Coleman climbed a fence onto Continental Bank's storage yard to retrieve equipment he believed was his. A guard blocked the exit and Coleman shoved the guard aside to leave. The guard sued and Coleman raised defense of property.
Cobalt Energy's crew entered Cypress Technologies' adjacent parcel believing a survey error placed the boundary line twenty feet farther east. The crew graded a road before the mistake was discovered. Cypress sued for trespass despite the crew's reasonable error.
Copperfield Mining left mining equipment on a parcel after its temporary access permit expired. The landowner demanded removal and sued when the equipment remained for weeks. The continued presence formed the basis of the trespass claim.
No. Liability arises from the intentional entry itself even when the presence causes no harm to the land or its possessor.
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No. An intentional entry remains trespass even when the actor reasonably but mistakenly believes the land is his or that he is entitled to enter.
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Consent limited to specific times does not authorize entry at other times and consent obtained by fraud or threats is ineffective.
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…of real property in the State on which Teleprompter has placed CATV components, alleging that Teleprompter's installation was a trespass and, insofar as it relied on § 828, a taking without just compensation. She requested damages and injunctive relief.[^maj-4] Appellee City of New York, which has granted Teleprompter an…