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 ?
Burglary is defined in the Uniform Crime Reporting (UCR) Program as the unlawful entry of a structure to commit a felony or theft.
The provision of federal law criminalizing unlawful entry into the United States - which some Democratic presidential candidates now want to undo - was crafted by an avowed white supremacist who opposed the education of black Americans and favored lynching, which he justified by saying, "to hell with the Constitution."
Ampaguey's case stemmed from the unlawful entry made on TCT No.
Carlson argues that Detective Cusumano is not an independent source because his presence on the scene is a direct result of the officers' unlawful entry. We agree there was no independent source for the evidence obtained pursuant to the warrant.
Judge Indira Talwani granted the plaintiffs' motion with respect to the 1983 unlawful entry claim against three of the defendants, rejecting their argument that warrantless entry of Christopher Castagna's apartment was justified by exigent circumstance and under the community caretaking doctrine.
(9) One element that has recently divided the circuit courts is whether the intent element of generic burglary is required to form at a particular time relative to an unlawful entry or remaining in a building or structure.
A handcart pusher, who was charged with unlawful entry into Kenya Air Force's base in Eastleigh, was on Thursday released by a Milimani court.
It involves deterrence of unlawful entry, facilitation of lawful entry, residence, naturalization, and termination of unlawful residence.
1983 for violating their Fourth Amendment rights through unlawful entry and false arrest.
The Legal Network for Truthful Elections, or Lente, had its own list: 'Vote buying and vote selling, unlawful entry of candidates in polling places, illegal voting through flying voters, unlawful electioneering and violent disturbances.'
However, the squatters could face charges for unlawful entry and possible property damage if Iran decides to file a criminal complaint against them.

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