Trespass - Trespass To Land

Trespass To Land

Trespass to land involves the "wrongful interference with one's possessory rights in property." It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se. While most trespasses to land are intentional, British courts have held liability holds for trespass committed negligently. Similarly, some American courts will find liability for unintentional intrusions only where such intrusions arise under circumstances evincing negligence or involve a highly dangerous activity. Exceptions exist for entering land adjoining a road unintentionally (such as in a car accident), as in River Wear Commissioners v Adamson. In some jurisdictions trespass while in possession of a firearm, which may include a low-power air weapon without ammunition, constitutes a more grave crime of armed trespass.

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Famous quotes containing the words trespass and/or land:

    Ye whose clay-cold heads and luke-warm hearts can argue down or mask your passions—tell me, what trespass is it that man should have them?... If nature has so wove her web of kindness, that some threads of love and desire are entangled with the piece—must the whole web be rent in drawing them out?
    Laurence Sterne (1713–1768)

    But they who give straight judgements to strangers and to those of the land and do not transgress what is just, for them the city flourishes and its people prosper.
    Hesiod (c. 8th century B.C.)