Trespass to land is an unjustifiable interference with the possession of land. Trespass to land is an unjustifiable interference with the possession of land. It is actionable whether or not there is damage to the land, and whether or not the trespasser intended to trespass.
Bexar Texas Notice to Trespasser of Damage Due to Trespass with Demand for Reimbursement
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FAQ
There are several defenses to trespass to land; license, justification by law, necessity and jus tertii. License is express or implied permission, given by the possessor of land, to be on that land.
Trespass to land occurs when a person intentionally enters someone else's property without permission. The only intent required for this claim, is the intent to enter the property. So even if your neighbors accidently cross from their property into your lot, they can be liable for trespass.
One remedy for trespass is the award of compensation or damages. This will be appropriate in cases where the trespass has caused you financial loss. For example, if someone has encroached on your land and this has affected the value of the property. In some cases, the Court will award nominal damages.
3.33 Trespass to the person and trespass to land provide some protection against unauthorised interference with a person's body or intrusions into property.
Who can sue? The person who has immediate and exclusive possession of the land that has been subject to trespass can sue. Possession refers to occupation or physical control of the land (this may or not be the legal owner of the property eg. it could be the tenant in commercial property).
Property owners can sue a trespasser for damages if they occur. Filing a successful trespassing claim requires the plaintiff to prove several things: Lawful ownership of the property. Physical, intentional, unauthorized and voluntary entry.
Who can claim? Trespass is an injury to a possessory right and so the proper claimant is the person in possession, or deemed to be in possession of the relevant land or buildings at the time of the trespass. Possession means that of a character of which the land is capable.
The three torts that emerged from the concept of trespass to the person assault, battery and false imprisonment are actionable per se that is without proof of damage (although if the wrongful act, does result in injury, damages can be recovered for that injury as well).
A defendant may be able to establish a defence to trespass if the defendant can prove that reasonable force was used to retake goods to which the defendant has a better right to possession than the plaintiff, or where the goods were wrongfully taken from the defendant by the plaintiff.
Trespass occurs where a person directly, intentionally or negligently and without permission causes some physical interference with another person's property. Trespass does not require proof of damage or harm.
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