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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
The cost of executing the court order would be 10 to 20 times higher than the actual fine.There is a possibility that the Cyprus courts would throw out a case of trespassing against a foreign tourist, but if it does not we may witness hundreds of trespass cases being brought to justice.
They are the victims of the 'condition of worth' which others have imposed upon them, but so great is their need for positive approval that they accept this strait-jacket rather than risk rejection by trespassing against the conditions set for their acceptability.
Patterson was charged with criminal trespassing against Monaco.