trespass


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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.

References in periodicals archive ?
plaintiffs property will give rise to trespass liability.
He said: Before getting the job at Trespass I was unemployed for 10 months so getting the job just before Christmas was perfect timing.
A majority of the court held that because plaintiffs held only a royalty interest in the minerals at issue (a nonpossessory interest), as opposed to a right to physically occupy the property (a possessory interest), they had to prove actual damages to prevail on their subsurface trespass claim.
The doctrine of trespass to chattels gained wide recognition during the anti-spam wars in the 1990s, when companies such as America Online, CompuServe, and others used the doctrine to try to hold companies and individuals liable for damages arising out of alleged spamming activities.
208, Robert son of John Haliday of Morton, chaplain; Select Cases of Trespass, pp.
Despite this claim, officials detained the woman and charged her with criminal trespass, which carries a prison term of up to two years.
However, the land was never transferred to the Oasis Renewal Center, and Capitol Lakes sued alleging trespass in January 2001.
Elizabeth Jean Hulsey, 34, of Eugene, was cited for second-degree criminal trespass.
Under the measure, it is unlawful to capture, or to trespass on private property in order to capture, any type of visual image, sound recording, or other physical impression of any individual, personal or family activity for commercial purposes and even if no physical trespass has occurred.
ONE of Damilola Taylor's killers will appear in court today accused of driving offences and trespass.