Define: Trespass

When an individual enters another person’s property without consent, it is considered trespassing. This can occur either intentionally or unintentionally and can take various forms, including trespass to land, chattels, and conversion. If a person trespasses, they may be held accountable for any harm they cause. Nevertheless, there are certain circumstances where trespassing is permissible, such as during an emergency. If a person sustains injuries while trespassing, the property owner’s liability will depend on the situation.

Trespass refers to the act of knowingly entering someone else’s property or land without permission, thereby violating the owner’s privacy and property rights. There are various laws associated with trespass. Trespass to Land occurs when an individual physically invades or causes an object or third person to invade the owner’s real property without permission. The intent to enter or remain on the land is necessary, regardless of whether the trespasser is aware of the ownership. The owner does not need to prove actual damages, as even a nominal damage claim is acceptable. Trespass to Chattels occurs when someone intentionally deprives or prevents another person from using their legally possessed personal property. Actual damage is required to cover repair costs or loss of rental. Trespass to Conversion is a more severe interference than trespass to chattels. In this case, the trespasser gains complete control or destroys the chattels, causing harm to the possessor’s interests. The trespasser may be required to pay the full value of the chattel. Mistakes regarding ownership or the lawfulness of the trespasser’s actions cannot be used as defences. Necessity is a defence to property torts, but it is not absolute. The defendant is protected by the privilege of private necessity to enter the plaintiff’s property if it is necessary to protect themselves, a third person, or their or the third person’s property from serious harm, and there is no less-damaging alternative. The defendant is not liable for nominal or punitive damages, but must pay for any actual damages caused. Liability: A landowner has the right to use reasonable force to prevent a trespasser from entering their land. However, if the landowner causes serious injury to a trespasser who does not pose a threat, they will be held liable for the trespasser’s injury. Generally, an owner is not liable for injuries sustained by a trespasser on their land, as they are not obligated to ensure the safety of trespassers. However, there are exceptions, such as when the landowner creates highly dangerous conditions that could be anticipated by trespassing children. Trespass is an element of larceny, which involves unlawfully taking someone’s personal property with the intent to permanently deprive them of it at the time of taking. Robbery also includes trespassory taking and carrying away someone else’s personal property by force or threat of immediate physical harm in their presence. Adverse Possession: To initiate the statute of limitation period, the possessor must actually trespass. The statute of limitation continues to run until the owner files a lawsuit for trespass or ejectment, and a temporary reentry by the owner is insufficient to halt the statute of limitation. For instance, if someone enters their neighbour’s backyard without permission and uses their pool, they are committing trespass to land. If someone takes their friend’s bike without permission and damages it, they are committing trespass to chattels. If someone breaks into a store and steals all the merchandise, they are committing larceny, which includes trespass. These examples demonstrate how intentional trespass can harm the owner’s property interests.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.