Trespass to Land

Trespass to Land

Trespass to Land

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 asked questions

Is proof of harm required?

Is proof of harm required?

No. Nominal damages and injunctive relief follow from the intrusion itself, which makes trespass available where nuisance would fail.

How does continuing trespass affect limitations?

How does continuing trespass affect limitations?

Each day of continued intrusion may restart the period, which keeps claims viable that a single-event analysis would bar.