Also known as: trespass to lands · trespass
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort imposing liability on one who enters land in the possession of another or causes a thing or third person to enter, irrespective of whether harm results to any legally protected interest of the possessor. Liability attaches even when the entry causes no damage to the land or possessor. The tort also reaches continued presence after consent or privilege ends.
Tyler Taylor invited Timothy Tang onto his farm only during daylight hours to inspect equipment. Timothy returned after dark and forced open a locked gate to retrieve a forgotten tool. Tyler later sued for trespass to land. The court held Timothy liable because the entry exceeded the time-limited consent and involved unauthorized force.
Tamara Tan discovered Thomas Thompson driving across her pasture to reach a shortcut. She positioned her tractor to block the path and ordered him to leave. Thomas claimed the force was excessive. The court found the blocking justified because it prevented further unlawful entry onto land she possessed.
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Tracy Torres walked across Tiffany Torres's vacant lot to reach a neighboring street, leaving no marks or damage. Tiffany sued for trespass to land. The court imposed liability because Tracy intentionally entered land in Tiffany's possession even though no harm occurred.
Topaz Mining erected a fence around its claim after learning Threshold Capital's surveyors planned to cross it. The surveyors attempted entry and the mining crew used armed guards to turn them away. Threshold sued. The court denied justification because the mining company knew the force would expose the surveyors to substantial danger of serious bodily harm.
Tidal Energy's crew entered land they believed belonged to the company but that actually belonged to Twin Rivers Bank. The crew installed temporary markers. Twin Rivers sued for trespass to land. The court held Tidal Energy liable because intentional entry onto land in another's possession creates liability even when the belief of ownership is reasonable.
Thomas Thompson placed a storage container on Tamara Tan's property under a temporary permit that expired. He left the container in place for months after the permit ended. Tamara sued. The court found trespass because the continued presence after the privilege terminated constituted an actionable invasion of possession.
No. Liability arises from the intentional entry itself even when the presence causes no harm to the land, its possessor, or any protected interest. The Restatement makes clear that the tort protects the possessory interest in inviolability without requiring resulting damage.
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No. Intent to enter the land is sufficient. A defendant who intentionally enters land in the possession of another remains liable even under a reasonable but mistaken belief that the land belongs to the defendant or that entry is authorized.
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Continued presence becomes trespass once consent or privilege ends and the actor fails to remove the thing or person. The Restatement treats the ongoing occupation as a new invasion of the possessory interest.
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No. The Model Penal Code withdraws justification for force used to terminate a trespass if the actor knows exclusion will expose the trespasser to substantial danger of serious bodily harm.
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…that those principles have been constitutionally applied. This is such a case, particularly since the question is one of alleged trespass across "the line between speech unconditionally guaranteed and speech which may legitimately be regulated." Speiser v. Randall, 357 U. S. 513, 525. In cases where that line must be drawn,…