Trespass requires intentional entry onto land in another's possession without authorization. Nominal damages are available without actual harm, and the intrusion may be by a person, object, or in some jurisdictions particulate matter.
It differs from nuisance, which addresses interference rather than intrusion.
Alternative Names:
Trespass, Real Property Trespass
Why it Matters?
The absence of a harm requirement makes trespass available where nuisance would fail, since nominal damages and injunctive relief follow from the intrusion itself. That distinction matters in environmental contexts where contamination migrating onto a neighboring parcel may support trespass regardless of whether it substantially interferes with use. Continuing trespass also affects limitations, since each day of intrusion may restart the period.
Frequently Confused with
Related terms
Frequently asked questions
Is proof of harm required?
How does continuing trespass affect limitations?
