Trespass To Land
The tort of trespass protects one’s interest in the exclusive possession of one’s land. This is distinguished from the tort of “nuisance” which protects one’s interest in the free and unhindered use and enjoyment of land.
A person is subject to liability for trespass, irrespective of whether he causes harm, if he intentionally:
- Enters the land or causes another to do so
- Remains on the land when asked to leave
- Fails to remove from the land a thing he is under a duty to remove
Trespass To Chattels
“Chattel” refers to items of personal property. A person commits trespass to chattel if he or she intentionally possesses someone else’s property without their consent, even if only for a brief period of time. Courts require that some sort of actual harm results from the trespass to chattel in order for it to be actionable.
If you or a loved one has been a victim of trespassing, call the Cole Law Office at 800-909-LAWS (5297) or contact us online. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.