Trespass

Trespass in United States

Trespass Definition

Any misfeasance or act of one man, whereby another is injuriously treated or damnified. 3 Bl. Comm. 208; 7 Conn. 125. Any unlawful act committed with violence, actual or implied, to the person, property, or rights of another. Any unauthorized entry upon the realty of another, to the damage thereof. The word is used oftenep in the last two somewhat restricted significations than In the first sense here ghren. In determining the nature of the act, neither the amount of violence or the intent with which it is offered, nor the extent of iiie damage acttymplished or the purpose for whidi the act was committed, are of anjr iiuportanc6; since a person who enters upon the land of another without leave, to lead oEf his own runaway horse, and who breaks a blade of grsss in so doing, commits a trespass. 2 Humph. (Tenn.) 325; 6 Johns. (N. Y.) 5. It is said that “some” damage must be committed to make an act a trespass. It is undoubtedly true that damage is required to constitute a trespass for which an action will lie; but, so far as the tort itself is concerned, it seems more than doubtful if the mere commission of an act affecting another, without legal authority, does not constitute trespass, though, until damage is done, the law will not regard it, inasmuch as the law does not regard trifles. The distinction between the different classes of trespass is of importance in determining the nature of the remedy. A trespass committed with force is said to be done “vi et armis;” one committed by entry upon the realty, “by breaking the close.” In Practice. A form of action which lies to recover damages for the injury sustained by the plaintiff, as the immediate consequence of some wrong done forcibly to his person or property, against the person committing the same. Force is the essential of the action, and distinguishes it from “trespass on the case.”

Trespass in Foreign Legal Encyclopedias

Link Description
Trespass Trespass in the World Legal Encyclopedia.
Trespass Trespass in the European Legal Encyclopedia.
Trespass Trespass in the Asian Legal Encyclopedia.
Trespass Trespass in the UK Legal Encyclopedia.
Trespass Trespass in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Trespass

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Trespass Trespass in the Family Law Portal of the American Encyclopedia of Law.
Trespass Trespass in the IP Portal of the American Encyclopedia of Law.
Trespass Trespass in the Commercial Law Portal of the American Encyclopedia of Law.
Trespass Trespass in the Criminal Law Portal of the American Encyclopedia of Law.
Trespass Trespass in the Antritrust Portal of the American Encyclopedia of Law.
Trespass Trespass in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Trespass Trespass in the Constitutional Law Portal of the American Encyclopedia of Law.
Trespass Trespass in the Tax Law Portal of the American Encyclopedia of Law.
Trespass Trespass in the and Finance and Banking Portal of the American Encyclopedia of Law.
Trespass Trespass in the Employment and Labor Portal of the American Encyclopedia of Law.
Trespass Trespass in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Trespass Trespass in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

Any misfeasance or act of one man, whereby another is injuriously treated or damnified. 3 Bl. Comm. 208; 7 Conn. 125. Any unlawful act committed with violence, actual or implied, to the person, property, or rights of another. Any unauthorized entry upon the realty of another, to the damage thereof. The word is used oftenep in the last two somewhat restricted significations than In the first sense here ghren. In determining the nature of the act, neither the amount of violence or the intent with which it is offered, nor the extent of iiie damage acttymplished or the purpose for whidi the act was committed, are of anjr iiuportanc6; since a person who enters upon the land of another without leave, to lead oEf his own runaway horse, and who breaks a blade of grsss in so doing, commits a trespass. 2 Humph. (Tenn.) 325; 6 Johns. (N. Y.) 5. It is said that “some” damage must be committed to make an act a trespass. It is undoubtedly true that damage is required to constitute a trespass for which an action will lie; but, so far as the tort itself is concerned, it seems more than doubtful if the mere commission of an act affecting another, without legal authority, does not constitute trespass, though, until damage is done, the law will not regard it, inasmuch as the law does not regard trifles. The distinction between the different classes of trespass is of importance in determining the nature of the remedy. A trespass committed with force is said to be done “vi et armis;” one committed by entry upon the realty, “by breaking the close.” In Practice. A form of action which lies to recover damages for the injury sustained by the plaintiff, as the immediate consequence of some wrong done forcibly to his person or property, against the person committing the same. Force is the essential of the action, and distinguishes it from “trespass on the case.”

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This definition of Trespass Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Trespass

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled TRESPASSA person commits trespass when he or she enters or remains on the property of another without the permission of the property owner. Violation of trespass laws may result in civil action by the property owner or criminal prosecution. Constitutional issues arise in civil or criminal trespass
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Trespass in Environmental Law

A tort, or civil wrong, involving unauthorized en try onto real property in someone else’s rightful possession. In early English law, a trespass could also involve personal property or a person. Over the years, however, the names for those torts have changed to terms more familiar to us: conversion, negligence, and battery.

Trespass on real property occurs if someone walks on property and does not have the right to be there. A person can also trespass by throwing an object onto property, allowing one’s animals to stray onto someone’s property, or operating any equipment on the property. The owner or rightful possessor of real property has the right to peaceful possession. He or she can sue trespassers, but the damages are generally limited to injury to the property.

Environmental lawyers use a number of tort theories for environmental harms in addition to the rights granted by statutes. Trespass is one of the theories used to deal with property damage. If, for example, a company disposes of hazardous waste in a lagoon and it eventually seeps into the groundwater and taints a neighboring well, a trespass has occurred. However, using the trespass theory does not address other types of injuries that may have occurred because of the contaminated well water. It is limited to the damage to the real property, so in some cases another theory, such as negligence, may be more useful.

To prove a trespass involving migrating contamination, the plaintiff must show that the person responsible knew that it would eventually move to another place. Some courts are willing to impute that knowledge to the defendant, though, since it is common knowledge that contamination does not stay in its burial place without assistance. See also nuisance; strict liability; toxic tort.
Based on “Environment and the Law. A Dictionary”.

Cause of Action for Damages Resulting from Timber Trespass: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action for Damages Resulting from Timber Trespass, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Resources

See Also

Eminent Domain; Landlord and Tenant.

Further Reading (Articles)

Environmental Contamination as Continuing Trespass, Environmental Law; September 22, 2012; Rhymes, Christopher M.

Forgive us our trespasses, The Canadian Appraiser; January 1, 2007; Frederick, Mark R Bujar, Mathew

Trespass, common law, government regulations, and fences in colonial New South Wales, 1788-1828., Journal of the Royal Australian Historical Society; December 1, 1998; PICKARD, JOHN

Trespass as immigration enforcement over the years in Arizona, Arizona Capitol Times; April 1, 2010

Maryland Court of Appeals says waste wasn’t trespass, The Daily Record (Baltimore); August 30, 2007; Cynthia Di Pasquale

Slamming the Brakes on Cyber-Trespass., Mondaq Business Briefing; July 29, 2003

Highway light trespass: Human and social factors, Institute of Transportation Engineers. ITE Journal; May 1, 2003; Khan, Ata M

Outdoor Firm to Trespass at Retail Complex, Daily Post (Liverpool, England); January 4, 2012

Trespass, Encyclopedia of the American Constitution; January 1, 2000

ACLU: County using trespass ploy; Hennepin County denied it was issuing trespass notices to try to end occupation of Minneapolis plaza.(NEWS), Star Tribune (Minneapolis, MN); November 23, 2011

Chemical Trespass: The Verdict on Dow, Multinational Monitor; November 1, 2004; Doyle, Jack

Warding off Evil Spirits: In the Real World, the Laws of Trespass Are Clear; but the Laws as Applied to Electronic Trespassing Are Less Certain, Security Management; February 1, 2004; Wittliff, Reid

Police Beat; Those Who Trespass, The Stranger; April 21, 2005; Anonymous

Trespass to computer–the e-mail battles, round III.(Law of the Line), Hawaii Business; November 1, 2003; Godbey, Bob

Trespass or no, new bill must answer fundamental question; in committee, The Herald; January 15, 2002; David Ross highland correspondent

Mass Trespass remembered., Buxton Advertiser (Buxton, England); April 30, 2002

LIGHT CONTROL MINIMIZES LIGHT TRESPASS, ASSURES Quality Illumination.(highway and street lighting), Public Works; September 1, 2000; Yeager, Ray

Huffman to U.S. Attorney Haag: Prioritize Prosecution of Trespass Marijuana Growers, Not Low-Level Marijuana Offenders, States News Service; July 16, 2014

TRESPASS LAW GAINS STRENGTH.(Sports), The Capital Times; October 11, 1996

LIBERTY TOWNSHIP CHEMICAL TRESPASS ORDINANCE, Rachel’s Democracy & Health News; April 20, 2006; Linzey, Thomas

Trespass meaning

Wrongful entry onto the land, property, person or right of another.  Trespass may be to land, known as trespass to land, to goods, known as trespass to chattels, or to the person, known as trespass vi et armis. Finally for cases of injury to the person or property an action for trespass on the case, on the specific facts of the case may be had and is sometimes simply called ‘case’. While action on the case is archaic it does still exact.
King v. Citizens Bank of De Kalb, 88 Ga.App. 40, 76 S.E.2d 86, 91.
Waco Cotton Oil Mill of Waco v. Walker, Tex.Civ.App., 103 S.W.2d
1071, 1072.
Mawson v. Vess Beverage Co., Mo.App., 173 S.W.2d 606, 612, 613. 614.

Trespass: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Trespass. This part provides references, in relation to Trespass, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Trespass by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Trespass and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Trespass or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Trespass and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Trespass. Finding these decisions can be challenging. In many cases, researchers about Trespass should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Trespass when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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