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9084 · 4.2.4

Trespass to land

**Trespass to land** (4.2.4) completes 4.2. Contrast **trespass vs nuisance** (direct vs indirect) and remember **no damage required** — actionable per se.

Need to know

What you need to know

  • An unjustifiable, direct, and intentional interference with land.
  • Actionable 'per se' – no proof of damage is required.
  • Protects the right of possession, not necessarily ownership.
  • The interference must be direct, distinguishing it from private nuisance.

Explanation

Trespass to land

  1. An unjustifiable, direct, and intentional interference with land.
  2. Actionable 'per se' – no proof of damage is required.
  3. Protects the right of possession, not necessarily ownership.
  4. The interference must be direct, distinguishing it from private nuisance.
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