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Perhaps the first owner of your house granted your neighbor access to a dock on your property in perpetuity, or the city has retained an easement to access power lines that run across the back ...
Trespass to land involves the "wrongful interference with one's possessory rights in [real] property". [11] It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se. While most trespasses to land are intentional, British courts have held liability holds for trespass committed negligently. [72]
Trespass to land, also called trespass to realty or trespass to real property, or sometimes simply trespass, is a common law tort or a crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligently) enters the land of another without a lawful excuse. Trespass to land is actionable per se ...
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971), is a court case decided by the Iowa Supreme Court, in which homeowners Edward and Bertha Briney were held liable for battery for injuries caused to trespasser Marvin Katko, who set off a spring gun set as a mantrap in an uninhabited house on their property. [1]
Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner.
Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the US Supreme Court, which ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk even though the sidewalk was part of a privately-owned company town.
(c) to protect his property... from trespass; (d) to protect property belonging to another from . . . damage caused by a criminal act or (with the authority of the other) from trespass... 29(i) For the purposes of s 27... (a) a person uses force in relation to... property not only where he applies force to, but also where he causes an impact on ...
Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods, and trespass to land.. Trespass to the person comes in three variants: assault, which is "to act in such a way that the claimant believes he is about to be attacked"; [1] battery, "the intentional and direct application of force to another person"; [2] and false ...
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