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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 ...
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 ...
Dougherty v. Stepp, 18 N.C. 371 (N.C. 1835) is a decision of the North Carolina Supreme Court authored by Chief Justice Thomas Ruffin.For at least a century, this case has been used in first-year Torts classes in American law schools to teach students about the tort of trespass upon real property.
A former longtime land partner in the Catawba Indians’ $700 million North Carolina casino has sued the tribe over trespass and property damage claims. In its lawsuit, Kings Mountain Land ...
Lawsuit: The tribe has “run roughshod” over the developer’s land by “wrongfully” removing dirt and fill, crushing rock to convert into road material.
Trespass to land – Committed when an individual intentionally enters the land of another without lawful excuse. It is actionable per se, and thus the party whose land was entered may sue even if no actual harm is done. Trespass to chattels – Committed when an individual intentionally interferes with the personal property of another. Slight ...
Generally, a peaceable possession of land, even though wrongful, is a sufficient interest on which to base an action for conversion against a trespasser upon the land who severs property from the soil as part of the trespass, although neither party has title to the land or the property severed therefrom.