- "Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land."
Trespass torts involve the unauthorized entry onto another person's property.
Introduction to Trespass: Trespass is a common law tort that involves an intentional or unintentional invasion of someone's property, person, or land. This topic will introduce you to the basics of trespass law.
Elements of Trespass: There are four elements to a trespass claim: intentional or unintentional act, that interferes with the right to exclusive possession of the property, the interference was caused by someone else and that there were damages caused as a result of the interference.
Types of Trespass: Trespass can occur in various ways, such as through physical entry, invasion of airspace, or waterways. This topic will cover the different types of trespass.
Defenses to Trespass: There are several defenses that can be used in response to a trespass claim, including consent, necessity, and privilege. This topic will provide an overview of these defenses.
Damages in Trespass Claims: Damages in a trespass case can range from actual damages for any harm caused by the trespass, to punitive damages if the trespass was intentional. This topic will cover the various damages that can be awarded in a trespass case.
Trespass and Criminal Law: Trespass can also be a criminal offense, and this topic will cover the differences between criminal and civil trespass and how they can overlap.
Trespass and Property Rights: Trespass law is closely linked to property rights, and this topic will explore the relationship between the two.
Remedies for Trespass: There are various remedies available to someone who has suffered as a result of trespass, including injunctions and damages. This topic will discuss the different remedies available in a trespass case.
Trespass and Privacy: Trespass can also be an invasion of privacy, and this topic will discuss the relationship between trespass and privacy law.
Trespass and Public Policy: Public policy considerations can sometimes play a role in trespass cases, such as in cases involving environmental damage. This topic will cover the role of public policy in trespass law.
Trespass to land: This implies unauthorized entry or intrusion onto someone else's land without permission or right to do so.
Trespass to chattels: This refers to an unauthorized use or interference with another person's personal property, which can cause damage, loss or possession of the item.
Trespass to goods: This is similar to trespass to chattels, and it refers to the unauthorized interference with another's movable property, with the intent to damage or destroy it.
Trespass to person: This implies unwanted physical contact with another person, without their consent leading to injury or harm.
Trespass to airspace: This occurs when someone flies through another person's air space without their permission, especially when it causes distress or damage to the other party.
Trespass to light and air: This is when a property owner blocks off unwanted sunlight or wind from reaching his neighbor's property, causing inconvenience or damages.
Trespass to servitude: This is where someone breaches or interferes with another party's right to use, access or enjoy a particular servitude on their property.
Trespass to water: This is when someone interferes with the use of water by another person, without the consent of the other party, which can cause damage, loss or contamination of the water.
- "Most jurisdictions now broadly recognize three trespasses to the person: assault, which is 'any act of such a nature as to excite an apprehension of battery'; battery, 'any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it'; and false imprisonment, the 'unlawful obstruction or deprivation of freedom from restraint of movement'."
- "Trespass to chattel does not require a showing of damages. Simply the 'intermeddling with or use of... the personal property' of another gives cause of action for trespass."
- "Since CompuServe Inc. v. Cyber Promotions, Inc., various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage."
- "Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of 'wrongful interference with one's possessory rights in [real] property'." - "Generally, it is not necessary to prove harm to a possessor's legally protected interest; liability for unintentional trespass varies by jurisdiction."
- "Liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity."
- "Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment."
- Assault is defined as "any act of such a nature as to excite an apprehension of battery."
- Battery is defined as "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it."
- False imprisonment is defined as "the unlawful obstruction or deprivation of freedom from restraint of movement."
- "Trespass to chattel does not require a showing of damages."
- "Since CompuServe Inc. v. Cyber Promotions, Inc., various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage."
- "Trespass to land is today the tort most commonly associated with the term trespass."
- "Generally, it is not necessary to prove harm to a possessor's legally protected interest."
- "Liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity."
- "Trespass has also been treated as a common law offense in some countries."
- "Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment."
- "Simply the 'intermeddling with or use of... the personal property' of another gives cause of action for trespass."
- "Since CompuServe Inc. v. Cyber Promotions, Inc., various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage."
- "Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of 'wrongful interference with one's possessory rights in [real] property'."