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trespass
(redirected from continuing trespass)

   Also found in: Dictionary/thesaurus, Legal, Encyclopedia, Wikipedia 0.01 sec.
trespass

The unlawful interference with someone's personal or property rights. In a lawsuit, the property owner does not need to prove physical damage to the property in order to recover monetary damages,because the damage is to the exclusive ownership and possessory rights of the owner. However,modern courts do require some evidence that the trespass was intentional; older law did not differentiate between intentional and accidental trespass.In many states,the duty of care a property owner has to avoid unsafe conditions that might harm persons coming on the property is much less for a trespasser than for those who are invited.



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Any contamination left behind on the property cannot be considered a continuing nuisance or continuing trespass.
304) Limitations on the right of action itself stem from 1) the difficulty the common law had in dealing with continuing trespass (statutes of limitation), (305) 2) the need to prove intent, 3) and the difficulty of applying the law to new scientific principles, such as new and invisible phenomena--"out of sight, out of mind" was the Industrial Revolution rule.
Interdict may be sought, but only if there is a threat of repeated, or continuing trespass, and not if there was no intention to claim a right, or if it was done in good faith.
 
 
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