trespass

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Related to Tresspass: Criminal Trespass

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 ?
The court also rejected a claim that the protesters were in peaceable possession of the park and used only reasonable force to protect their property against tresspass by the tactical unit.
438, 476 (1928) (holding that wire tapping is not within the scope of the Fourth Amendment because, when the Constitution was enacted, the Fourth Amendment was intended to limit tresspass on property); Lawrence Lessig, Reading The Constitution In Cyberspace, 45 EMORY L.
Mr Hinton, who won't be charged because police believe he did not mean to tresspass, said: "It was a perfectly normal, straight-forward landing.