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What are the elements of a trespass against the land?
- 1) Intentional act
- 2) leading to the PHYSICAL invasion of the land
- 3) of another
Does transferred intent apply to trespass against the land?
What is the intentional act in trespass against the land?
There need not be an intent to trespass per se, but rather need only be an intent to engage in the PHYSICAL ACT THAT CAUSES THE INVASION.
Is mistake of fact a defense to trespass against the land?
No. Not knowing that it is not someone else's property is no defense.
What counts as a physical invasion of another's land? Need it be physical entry with one's body? Entry onto the surface?
May be entry by a possession or a pet, above (through the air), on, or below (ground water) the land.
Is permission to enter an absolute defense to trespass against the land?
No. Permission is a defense insofar as one does not exceed the scope of the permission.
If told to leave, that negates the permission.
How does a trespass against the land differ from a nuisance?
Transfer against the land requires a physical infasion. Nuisance occurs generally when there is no physical invasion, such as with light or air pollution.
A physical invasion may be proof of both torts, though.
Who has standing to sue for a trespass against the land?
Anyone with right of possession to the land. May be an owner, lessee, or adverse possessor.
Does a plaintiff need to show actual damage to recover in a claim of trespass against the land?
No. Although if there are no actual damages, the plaintiff may be awarded only nominal damages.
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