9084 · 4.2.4
Trespass to land
9084 Tort — direct interference with possession, without lawful justification.
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
- 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.